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Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ...... the same to be encashed within the time limit; that during transactions, on request of the accused and as per his demand, the complainant company delivered to the accused computer accessories for an amount of Taka 30,04,225; that as per the terms and conditions of the said agreement dated 12-5-05 i......s signed by the accused on 12-7-05 in writing in respect of payment of outstanding dues; That the complainant served legal notice on 15-8-05 upon the accused by registered post but he did not pay the money. Hence this case filed under sections 138 and 140 of the Negotiable Instruments Act, 1881. ..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ...... of initial intention to deceive the informant constituting an offence punishable under section 420 of the Penal Code inasmuch as after the contract for sale on 9.11.2007 the informant paid further amount as earnest money and that an irrevocable power of attorney was executed and registered on 25......r No.1 entered into a contract to sell 1.75 acres of land at 62, Purana Paltan Lane, Kakrail (Shortly the case land) fixing Tk. 8 crores with the complainant and he received Tk. 20 lacs as earnest money from the complainant on 9.11.1997 executing a bainapatra. The accused petitioner Nos.2 and 3..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....ই নাই। আমি ২২-২-০৭ ইং তারিখ থেকে ৪-৩-০৭ ইং পর্যন্ত অনুসন্ধান করি। Mr. Karim submitted that the whole proceeding is a sham and an eye-wash. Even before the notice was issued by the Secretary of th......ion Act, 1947. The trial Court, without considering any of the materials on record, framed charge under sections 26 (2) and 27 (1) of the said Act read with Rules 15 Gha (5) of Emergency Rules for an amount of Taka 3,27,88,465 without specifying the time limit and giving any break-up for which the a......ts. He submitted that the P.W. 1 and P.W. 37 in clear terms admitted that they had not made any investigation as to the genuineness whether Taka 25 lakh was held by the appellant in his custody which money belongs to a family Trust, namely, Sultana Foundation. Mr. Karim in this regard read out the e..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
....ovisions set out about clearly shows that a tenant is protected, notwithstanding the Provisions of Transfer of Property Act or the contract Act from ejectment as long as he pays rent to the whole extent allowed by the Act 1991 and he performs the conditions of the tenancy. The express......to plaintiff and since Sravan 1402 B.S. he is paying rent to House Rent Controller. He adds that terms and conditions of solenama of earlier suit has no legal effect, in the instant suit keeping huge amount of advance money with the landlord plaintiff. The court below without considering the facts a......he cause of repair, he handed over possession to plaintiff and further paid Tk. 32,500/- as advance. Pursuant to agreement dated 28-07-1987. Afterwards possession was restored to him but advance money for Tk. 7,500/- + 32.500/- = 40,000/-, was neither adjusted nor refunded to him, however he wa..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......t. That in the deed of agreement (Bainanama) the petitioner undertake to execute and register a sale deed in favour of the opposite party No.1 in respect of the suit lands after receiving the balance amount of Tk. 3,00,000/=. That it was agreed that in case of failure to execute the sale deed by the......oforma-defendant No.2 for Specific Performance of Contract. 3. The facts of the case, in brief, are that the petitioner is the owner and possessor of the suit lands by purchase. That for need of money the petitioner offered to sell the suit lands which was accepted by the opposite party No.1 an..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... observing the formalities has drawn the loan of Tk.25,000/- from the plaintiff Bank. The defendant No.1 failed to repay the loan within the stipulated instalment and up to 22.12.91 has paid a little amount of Tk.2415/- and upto 31.12.92 the plaintiff-Bank became entitled to get Tk.14,4,930/- from t......ith the conduct of the defendant as loanee the bank granted loan infavour of the defendant loanee in various time. After receiving the case loan the defendant being vigilant has been paying the loans money in instalments and the deposit receipts had been burnt by fire of the defendants’ house. The..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......suddenly he received the impugned order dated 8-4-2007 (Annexure B to the Writ Petition) informing him that his service was terminated and in lieu of the prior notice period he would be paid the said amount of pay. 3. In Writ Petition No.553 of 2009 it is stated that the petitioner was appointed ......iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Sheikh Md. Nurul Haque Vs. State and another, 2009, 38 CLC (HCD)
....ds vacated. Send a copy of this order to the Metropolitan Magistrate, Khulna for compliance. Md. Ataur Rahman Khan J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 162. ......ion is tampered and forged and the complainant opposite party No.2 instituted the case under section 138 of the Negotiable Instruments Act using the said forged cheque to recover 3 three times of the amount as mentioned in the alleged cheque and to harass and humiliate the accused petitioner and tha......5-2005 the complainant opposite party No.2 informed the matter to the accused petitioner by a legal notice and the accused petitioner received the legal notice on 11-05-2005, but he did not pay the money or he did not reply to the legal notice; that the accused petitioner was engaged in conspiracy..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
....ay granted earlier stands vacated. Send a copy of this order to Metropolitan Assistant Sessions Judge, Court, Dhaka for compliance. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 39. ......eads as follows: "138. Dishonour of cheque for insufficiency, etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid, either be...... for encashment was dishonoured due to insufficient fund. It is further stated that thereafter the complainant sent a Legal Notice to the accused petitioner on 12-2-2006 requesting him to pay the due money within 15 (fifteen) days after receipt of the legal notice but the accused petitioner did not ..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
.... separate charge or head of charge for each distinct offence and (b) that there shall be separate trial for each such charge, except in the cases falling within sections 234-236 and 239. 34. The wholesome rule expressed in section 233 was intended to prevent embarrassment and difficulty to the ......ut again the cheques were dishonored for insufficient fund. Thereafter the opposite party No. 2 gave notice under section 138(1)(b) on 28-3-2006 to the accused-petitioner demanding payment of cheques amount of Taka 2,24,28,120 within 30 days of receipt by two registered post, one in the home address......Advocate for the accused-petitioner, submits that the complainant opposite party No. 2 sent a legal demand notice under section 138(1)(b) of the Negotiable Instruments Act demanding dishonored cheque money on 28-3-2006 by two registered post, one in the accused-petitioner's home address and another ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... money the plaintiff will pay Tk. 30,00,000/- to the Bank and pay the remaining money to the defendant. The plaintiff requested the defendant to execute and register the deed on accepting the balance amount of conciliated money but the defendant refused to execute the deed and hence the plaintiff fi......g Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to repay the loan money by selling the suit properties and the plaintiff agreed to purchase the same and the value was..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....ent No.9 and his wife, but the said lease was a conditional lease containing 29 conditions. According to the Clause 23(1) of the said Agreement, the authority is entitled to re-enter into or upon the whole of the demised property or any part thereof, for violation of any terms and conditions of the ......erent dates by treasury 'Challan'. Said respondent No.7, by his letter dated 26.06.1981 modified the order of allotment in respect of quantum of said plot from 376 to 375 square yards and the amount of 'Salami' from Tk.50,625 to Tk.50,625 if paid in installments. Meanwhile, a Sub-Div...... of allotment dated 14.03.1979 allotting 376 square yards of plot No. 203 at Road No.11 in Bloc-B of Section-12 of the Mirpur Housing Estate. Petitioners and other two allotees deposited entire lease money of Tk. 50,760.00 on different dates by treasury 'Challan'. Said respondent No.7, by hi..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ....... College and that they had never fallen in financial crisis, that the plaintiff was all along a bharatia in different areas of Barisal Town and she had no ability to purchase the same and or to lend money. The defendant Nos.1 and 2 never took money from her as consideration for sale of the suit lan..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ......here that the appellant submitted another application on 14-10-2008 for reconsideration of the impugned order dated 5-10-2008 by producing before the tribunal below the tuition fees realisation card, money receipts of the victim's school in order to show that she was a student of class VIII. Her pas..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ......s.3-5. The decree holder thereupon put the decree into execution on 15th July, 2001 in Artha Rin Execution Case No.509 of 2005 before the Artha Rin Adalat No.4, Dhaka for realization of the decreetal amount. The mortgaged property was ultimately sold in auction and the opposite party No.1 purchased ......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
.... settled that a procedural law always would apply retrospectively even to pending proceedings. 30. On perusal of section 138A of the Act as amended on 09.02.2006 and on consideration of the whole enactment, it appears to us that the Negotiable Instrument Act being a procedural law, there i......le Instrument (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declar......ent (amendment) Act, 2006 putting an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declared to be v..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....is well settled that a procedural law always would apply retrospectively even to pending proceedings. 32. On perusal of section 138A of the Act as amended on 9-2-2006 and on consideration of the whole enactment, it appears to us that the Negotiable Instruments Act being a procedural law, there ...... process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realization of cheque amount or loan money falls into dark. Keeping the said view in mind the legislature in applying thei......e society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheq..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....rit petition was not maintainable. The Division Bench that has passed the aforesaid order has the concurrent jurisdiction with the instant Bench and as such upon further meticulous examination of the whole matter upon full length hearing of this writ petition, this Court humbly differs with the view......sion of Rule-3 (d) of the High Court Division mandates that such proposal must be placed before the G.A. Committee, the approval of the Hon'ble Chief Justice through endorsing হ্যাঁ tentamounts to as an approval to place the said proposal for suspension of the petitioner to the G.A. Co......his remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere technicalities. It is not a substitute for money relief. Nor can all wrongs be remedied by judicial review. See Article 103 (3) barring any int..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
James Finaly Pic. Chittagong Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ......-1982 to 30-4-1995, both days inclusive, on account of crane charges though no such crane service was provided to the appellant during that period. Similarly the appellant also paid crane charge amounting to Taka 1, 01,257.50 between 12-6-1985 both days inclusive though no crane service wa......the submissions of the learned Advocate for the appellant. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 79. ..Category: Civil Law | Date: 17 Dec, 2008 | Hits: 7
MM Ali Ispahani Vs. MM Ispahani Ltd., 2008, 37 CLC (HCD)
.... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ...... Trust is being handed back to the learned Advocate for the Respondent Nos. 1 to 6 today. There is no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 206. ......he benefits of the transfers to this date as claimed by the Petitioners. At the very outset the relationship of the transferors and transferees appear to be bound by the very receipt of consideration money for effecting such transfers not only on the part of MAHI but also the Respondent No. 9. It is..Category: Company Law | Date: 4 Dec, 2008 | Hits: 505
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