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Khurshid Alam Vs. Securities and Exchange Commission and others, 1999, 28 CLC (HCD)

....said Rules of 1987 as well as observation made in the aforesaid decision, submitted that maintaining confidentiality of the bank accounts is a prohibition on the Bank or Banker and not on the account holder and the bank is bound to make disclosure of the same under compulsion of law. He further subm......ed in the said letter and also directed to furnish petitioner’s bank account statement for the aforesaid period. Petitioner claimed that he cannot supply the details of payments made by him by bank cheques/pay order nor bank account of the petitioner can be disclosed without proper order from Cour..

Category: Banking Law | Date: | Hits: 196

Matiur Rahman (Md.) Vs. Dhaka Stock Exchange Ltd. and another, 1999, 28 CLC (HCD)

....ew of the above the respondent No. 1 Dhaka Stock Exchange Limited is directed to rectify its register of members by inserting the name of the petitioner as a member of the respondent No. 1 company as holder of the share bearing No. 000025 within 6 weeks, on payment of dues if there be any. And the p......f the right of possession of Room 212 of the Dhaka Stock Exchange Building. The application is thus allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 530...

Category: Company Law | Date: | Hits: 194

Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)

....ts were raised on their behalf. In the first place it was argued that the Mukarari Osat Taluks created by Basanta are not binding upon the plaintiffs inasmuch as Basanta who was a non Mukarari tenure holder could not create a Mukarari under tenure or, in other words, he could not confer upon his ten......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522...

Category: Property Law | Date: | Hits: 98

Sajeda Begum Vs. Member, Bhumi Appeal Board and others, 1997, 26 CLC (HCD)

.... aside sale and immovable property on ground of non-service of notice or irregularity. This section provides that where immovable property has been sold in execution of a certificate, the certificate holder, the certificate debtor, or any person whose interests are affected by the sale may, at any t......and Administration Board by Annexures ‘C’, ‘E’ and ‘F’ In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 516. ..

Category: Property Law | Date: | Hits: 107

Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)

....me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......used petitioner failed to make over possession of the flat within the stipulated time and subsequently, on 6‑9‑1998 the accused petitioner informed her that the agreement has been cancelled and a cheque bearing number 779197 dated 31‑10‑1998 for Taka 22,00,000 has been issued in her favour t..

Category: Criminal Law | Date: | Hits: 28

Kawsar Alam Khan Vs. State, 2000, 29 CLC (HCD)

....rejected on the ground that the trial may be obstructed and disrupted by the appellant. 4. Mr. Tofail Ahmed, learned Counsel appearing for the appellant, submits that the appellant is a green card holder and resident of the United States of America for the last 5/6 years. He came to Bangladesh fo......pellant does not leave Bangladesh without permission of the trial Court. This Judgment and order shall have no bearing on the trial. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 298...

Category: Criminal Law | Date: | Hits: 54

Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)

....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199....... of business transaction the accused petitioner received taka 5,75,000 in cash and Taka 54,91,968 as per involve from the opposite party No. 2 and against the said money the accused petitioner issued cheque No. 239022 for Taka 5,75,000 dated 26‑1‑1999 and cheque No. 239021 for Taka 54,91,968 dat..

Category: Banking Law | Date: | Hits: 191

Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....g them to pay fine of Tk.2000/- each, in default, to suffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the first electe......ed that the powers to do administrative acts of a routine nature when so authorised by the direc­tors such as the power to affix common seal of the company to any document or to draw and endorse any cheque on the account of the company in any bank or to draw and endorse negotiable instru­ment or t..

Category: Criminal Law | Date: | Hits: 60

M/s. Aimon Electrical Industries Vs. Judge, Artha Rin Adalat, 2nd Court at Dhaka and oth­ers, 2010, 39 CLC (AD)

....nce the suit. 3. The court below on considering the documents decreed the suit ex parte vide preliminary decree dated 20.06.1999 and the final decree singed on 18.01.2001 and thereafter the decree holder bank on 12.11.2001 started Title Execution Case No.92 of 2001 in the 1st Court of the learned......t. Therefore the High Court Division rightly discharged the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 964. ..

Category: Civil Law | Date: | Hits: 96

Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)

....ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......n short, is that the accused-appellant Feroj Uddin Ahmed had business transaction with the complainant-respondent consequently Tk. 7,49,832/- fell due to the accused-appellant. The accused gave three cheques for the amount of Tk. 2,58,000/-, Tk. 2,91,832/- and Tk. 2,00,000/- in total Tk. 7,49,832/- ..

Category: Criminal Law | Date: | Hits: 57

Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....cannot overseer the functions of a bank being run on a commercial consideration even if all its shares are held by the Government. This is the duty of the Board of Directors of the bank and its share-holders, the Government. 19. There is no evidence on record that the Board did not consider the s......discharged but without any order as to cost. Md. Mamtaz Uddin Ahmed J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 699, 17 BLT (HCD) 2009, 575; 15 MLR (HCD) (2010) 296. ..

Category: Banking Law | Date: | Hits: 205

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

.... serious inconven­ience has been caused to the defendant-opposite party No.1 and that her house-building materials are being wasted and apart from that the defendants opposite party No.1, the decree-holder of the Partition Suit is being deprived of the enjoyment of the fruits of her decree which sh......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151...

Category: Procedural Law | Date: | Hits: 80

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....ng possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted re­straining the opposite party from interfering with the possession of the decree-holder, falls outside the jurisdiction of a Magistrate under section 145 Cr.P.C. Action can of cours......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....not place any prece­dent that since introduction of the concept of the "representative members" in the Local Government Institutions namely, the Thana Parishads, Upazila Parishads any casual vacancy holder or of the office of the Chairman of the Union Councils or Parishads in such capacity had ever......avour of the resolu­tion in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103.......s the case of the defendant that the defendant, which is a voluntary social welfare organisation, paid the rent regularly to the plaintiff but the plaintiff was in the habit of taking rent in crossed cheque for 2/3 months at a time and the defendant paid rent for the months of September, and October..

Category: Property Law | Date: | Hits: 28

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....tition No. 7346 of 2007 and disposed of by a common judgment) disposing of the writ petition directing Artha Rin Adalat No.3 Dhaka to dispose of Money Execution Case No.51 of 1992 filed by the decree-holder after deduction of the decreetal amount payable to the decree-holder Bank from the decreetal ......s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819...

Category: Civil Law | Date: | Hits: 75

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

....d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ......izance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of cognizance was in violatio..

Category: Criminal Law | Date: | Hits: 28

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......e the Court from where it is found that respondent No. 5 deposited Taka 16,000 in cash and that the Writ petitioner admitted his signature in the deposit-slip in his evidence and that the issuance of cheque by respondent No. 5 and return of the same to him were not proved at all. The aforesaid findi..

Category: Civil Law | Date: | Hits: 76

MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)

....he Opposite Party No.1 Applicant. Maqbul Ahmed, Advocate—For the Petitioners. Civil Order No. 5742 of 2001. Judgment Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the di......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..

Category: Civil Law | Date: | Hits: 125

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

.... 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15, 48, 95,233.69. The claim in the suit arose in consequence of bifurcation of various shareholder-direc­tors of a member of company comprising of Meghna Group of Industries regrouped into "k......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...

Category: Procedural Law | Date: | Hits: 81