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....espondents
Judgment
February 26, 2013.
Result:
The Rule is made absolute
Setting-Aside Auction Sale on the Ground of Material Irregularity—
The decree-holder got the plot numbers of the property correct which was sold in execution of the decree a......sts.
Let the copy of the judgment and order be sent to all concerned for information and necessary action.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 146
..
Category: Civil Law, Procedural Law | Date: 26 Feb, 2013 | Hits: 3
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
....t is not related to his personal assets and liabilities. It is submitted that liabilities of the company cannot be treated as personal liabilities of the accused-petitioner, who may be owner or share holder of the company. Moreover, the said loan was taken against some mortgaged properties of equal ......case in accordance with law. Send a copy of the judgment and order to the concerned Special Judge immediately. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 108. ..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Shafiqul Alam (Md.) Vs. State, 2013, 42 CLC (HCD)
....06, the accused nos.2-4 had involvement. Subsequently, the petitioner (FIR -named accused No.5) Shafiqul Alam entered into a contract to purchase the schedule property from the said power of Attorney holder namely, accused Md. Alam Khan, and the informant also collected certified copy of the sa......of forged power to attorney deed. Subsequently, when he came to Know about the allegation against his vendor Md. Alam Khan, he tried to get refund of the money he advanced. As the accused No.1 issued cheques against the part payment of advanced consideration of money and those cheques were dishonour..Category: Criminal Law | Date: 10 Jan, 2013 | Hits: 4
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....t on 14-6-2005, an Officer of Islami Bank Ltd., Saidpur Branch lodged a petition of complaint alleging that the accused-petitioner, being a business man of dry fish, was a composite limited holder of the Islami Bank, Saidpur Branch. The informant Bank invested Taka 58, 84,355 in the dry fi......ish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of loan. As such, the accused-petitioner issued a cheque towards part payment of the dues amounting to Taka 35 lac in favour of the complainant bank o..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
.... of the Company Court of the High Court Division in a Company matter. Petitioner moved a petition under section 233 of the Companies Act, 1994 for protection of his interest being a minority share holder against the respondents seeking a direction upon the Registrar, Joint Stock Companies and Fi......shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......-2-2009 made a prayer to the respondent No. 2, Bank to reduce his interest which was rejected on 2-3-2009. The respondent No. 2, Bank then issued a final notice on 27-7-2009 asking for the payment of cheque amounting to Taka 59, 23,323 by 31-7-2009 failing which it was further mentioned by the Bank ..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Shahidur Rahman Khadem Vs. State and another, 2012, 41 CLC (AD)
.... it relates to enhancement of sentences of fine" are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 296. ......ne. In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to Taka 30,00,000 from Taka 75,00,000 of which the complainant would get Taka 25,00,000 being the face value of the dishonoured cheque and Taka 5,00,000 would go to the Government fund; similarly the learned Metropolitan Sessio..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 10
Shahidur Rahman Khadem and another Vs. State, 2012, 41 CLC (AD)
.... to enhancement of sentences of fine” are expunged. Leave Petition Nos.16-19 of 2012 are disposed of accordingly. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 147. ......In Metropolitan Sessions Case No.1282 of 2007 fine was reduced to taka 30,00,000.00 from taka 75,00,000.00 of which the complainant would get taka 25,00,000.00 being the face value of the dishonoured cheque and taka 5,00,000.00 would go to the Government fund; similarly the learned Metropolitan Sess..Category: Procedural Law | Date: 3 Dec, 2012 | Hits: 162
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
....e by judgment and decree dated 3-8-2003 (decree signed on 10-1-2003). As per terms of decree judgment debtors including the petitioner have failed to pay the decreetal amount and, as such, the decree holder bank filed Artha Execution Case No.37 of 2003 on 16-11-2003. The judgment-debtor did not turn...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... the scope of the express provision of Ain itself. He further submits that there is no scope to issue a certificate of this kind after holding auction under section 33(4) of the Ain and if the decree-holder bank is willing to take over title of the property then it shall abstain from taking any step......order as to cost. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 31. ..Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....obtained a Rule, which was ultimately made absolute with a direction to execute the ex parte decree. Accordingly the Court below executed the decree by registering a sale deed in favour of the decree-holder Sheikh Ali Ahmed in Execution Case No.2 of 1995, wherein he also prayed for police force in o......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....hy;ing that though P.W.1 (Shamsul Kabir Humayun Reza) claimed that he was an Executive Engineer, his testimony regarding service book, ACR and organogram clearly proved that he was not a service holder at all. In coming to the said finding, the learned Judge observed that "He stated that h......r registration of the kabala for various physical and mental problems. He also requested the defendant to pay Taka 5, 00,000 more and accordingly, the defendant paid him Taka 3, 20,000 by a cheque dated 12-8-2003 which was duly encashed. But in spite of receipt of the said money (Taka 3, 2..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)
....ditiously in accordance with law. Send a copy of the judgment and order to the concerned Tribunal immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 399. ..................................Opposite Party Judgment November 11, 2012. Result: The Rule is discharged. Negotiable Instruments Act, 1881 [XXVI of 1881]; Section 138 The cheque was dishonored for insufficient fund; and legal notice was issued and served on 7-9-2009 and ..Category: Others | Date: 11 Nov, 2012 | Hits: 8
Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)
....e said miscellaneous case was converted into Artha Rin Suit No.43 of 2003 on payment of court fees. The suit was decreed ex-parte on 10.11.2003. Execution Case No.190 of 2004 was levied by the decree-holder-Bank for realization of decretal amount. On an application filed by judgment-debtor No.2 on 1......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....s passengers. (9) Certain separate areas for Rickshaw stand in each local area. (10) Special qualification for running Rickshaw on the main road. (11) Free treatment to a valid licence holder in the public hospitals. (12) Footpaths must be made free from all obstruction for......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....any similar document as aforesaid issued under or pursuant to a charger party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same. 36. In the present case petitioner submitted an ocean bill of lading issued......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
.... party submits that in the sale deed No.5456 dated 20.08.1962 the predecessor of the opposite party Meherunnessa Chowdhury became absolute owner of the suit land measuring 0.15 acres of land from the holder of rayati right Ahsan Ullah Bhuiyan who acquired the right on the suit land in the following ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)
....led under section 138 of the NI Act have also been annexed as Annexure-X-4 to X-11 to the affidavit-in-opposition. As such, there is no case of oppression on the petitioner as minority shareholder. Rather it is a clear case of taking action against the petitioner for committing breach of t......submits that the resolution in question, annexed as annexure-C to the petition, would show that the petitioner was released from his office of the Managing Director because of dishonour of 4 (for us) cheques issued by him in favour of the company, upon his admission in a meeting dated 5-9-2011 that ..Category: Company Law | Date: 14 Oct, 2012 | Hits: 5
Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)
....e Station on 18-11-2003 against Farid Uddin, Cashier of his branch, alleging, inter alia, that on 23-1-2003, he as the Cashier of the branch, received Taka 8, 70,000 from one Juned Ahmed, the account holder of saving Account No.3385 and issued receipt putting his signature and giving seal of th...... Bidhimala framed thereunder keeping in view of the observations and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
.... law as contemplated by the proviso (b) and the proviso (c) to section 138 of the Negotiable Instruments Act, which are quoted below verbatim :— Section 138(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.......................Opposite-Parties Judgment October 8, 2012. Result: The Rules are discharged. Legislative import and intent of enactment of law regarding bouncing of the cheque under the Negotiable Instruments Act, 1881 The purpose and object of enactment of law is..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
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