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Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)

....authorised capital of Taka 20,00,00,000.00 (taka twenty crore) divided into 20,00,000 (twenty lac) ordinary shares of Taka 100.00 (taka one hundred) each, The Company has 17 (seventeen) sponsor share-holders. The petitioner is the representative director of one of the said sponsor-shareholders, City......d take 1400 shares of the petitioner without making any payment for the same. As against this, the respondents Nos. 2-6 failed to produce any material showing that they paid for those shares by cash, cheques or demand draft, etc. Payment of such big amount by cheque or demand draft etc. is the norma..

Category: Company Law | Date: | Hits: 203

Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)

....-debtor but still then the Court was pleased to allow instalments to the judgment-debtor petitioner on consideration of the facts and circumstances of the case. Thereafter on the prayer of the decree-holder plaintiff the learned Family Court reconsidered his earlier order for payment of the decretal......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..

Category: Family Law | Date: | Hits: 155

Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....s-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having defaulted in repaying the decretal amount within the prescribed time the decree holder-Bank initiated Execution Case No. 35 of 2002 on 13-6-02 Meanwhile, the Artha Rin Adalat Ain, ......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615...

Category: Constitutional Law | Date: | Hits: 168

Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)

.... of the suit, is based on the terms and conditions of the contract entered between the borrower and the lender. This provision for fixed rate of pendentilite and post decretal interest which a decree holder bank is entitled to add with the decretal amount in execution of a decree has been intentiona...... in section 5(p) of the Bank Companies Act, 1991 as offering loan or to take deposits of money from the public to encourage investment payable on demand or other­wise and deserves withdrawal through cheque, draft, pay order, etc. The functions and activities of these institutions are described in p..

Category: Others | Date: | Hits: 104

Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)

....n. A succession certificate is not the final adjudication of the question as to who is the next heir and, as such, entitled to the estate of the deceased. Granting of a certificate merely clothed the holder with an authority only to recover the debts of the deceased and to give valid discharge. In l......fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156...

Category: Property Law | Date: | Hits: 36

Tahmid Ahmed Vs. Jalaluddin Jaffar Ali Hussain, 1999, 28 CLC (HCD)

....ner. Md. Khalequzzaman, Advocate- For the Objector. Matter No.150 of 1997. Judgment Md Joynul Abedin J. - This is an application seeking direction on the petitioner Tahmid Ahmed, a share holder-director of The Bengal Glass Works Ltd, a public limited company (hereinafter called ‘the C......n accordance with law. The application is, therefore, allowed. Costs of the Objector to be paid out of the assets of the Company. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 141...

Category: Company Law | Date: | Hits: 222

Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)

.... before the Bankruptcy Court were without is jurisdiction. He further submitted that after passing of the decrees by the Artha Rin Adalat the creditor respondent bank has been transformed into decree holder and no longer is creditor and the guarantor mortgagors are no longer debtors and judgment deb......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...

Category: Civil Law | Date: | Hits: 78

Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)

....filed a suit being Title Suit No. 21 of 2000 in the court of the Sub­ordinate Judge, First Court, Sylhet for declaration that the plaintiff has interest and possession in the suit land being lease holder with a prayer for permanent injunction against the defendants. 3. The case of the plaintif......e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ..

Category: Property Law | Date: | Hits: 28

Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)

....g separate Affidavits-in-Opposition denying the material allegations. 5. In his Affidavit-in-Opposition, the respon­dent No. 1 Bangladesh Bank has stated that the peti­tioner is not only a share holder of Messrs Promi­nent Textiles Limited but also a Director and he exe­cuted a document of pe......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451...

Category: Banking Law | Date: | Hits: 125

Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)

....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......owdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requested the accused to pay the same and at one stage of request the accused gave a current cheque amount of TK. 5,00,000.00(five lacs) and after receiving the said cheque the complainant on t..

Category: Criminal Law | Date: | Hits: 39

Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)

....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ...... society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in time although same amount was paid; that the accused paid part of money by cheque dated 15.02.2006 from saving account of Rupali Bank No.902209 of amount of TK.54,83,300.00 an..

Category: Criminal Law | Date: | Hits: 45

Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)

.... 1995 (mortgage) against opposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-7-96 said decree was made final. The decree holder having applied for execution. Title Execution No.7 of 1996 commenced. In execution, the mortg...... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123...

Category: Property Law | Date: | Hits: 27

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... order of certiorari. 10. The fact leading to the case that was a company made an application for a patent, whereupon, on the publication of its specifica­tion, the owners of a prior dated patent holder opposed the application on the ground, inter alia, that its specification could not fairly de......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..

Category: Property Law | Date: | Hits: 30

Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)

....tioner is one of the judgment debtors in Artha Rin Adalat suit No. 2/91 of Artha Rin Adalat, Faridpur. The respondent No. 2, Agrani Bank is the plaintiff of that suit. The suit was decreed and decree holder filed an application for execution the decree before the Artha Rin Adalat and from the order ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..

Category: Civil Law | Date: | Hits: 89

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

.... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......evelop the capital and securities market in Bangladesh. Regulations 7 and 8 are reproduced below for appreciation. “Regulation 7(i) If a member fails to deliver securities and/or make payment by cheque/pay order/demand draft within the settlement day, DSE shall automatically square up the unset..

Category: Business or Commercial Law | Date: | Hits: 210

Nazir Ahmed Vs. Md. Amin Mia and anothers, 2007, 36 CLC (HCD)

....once if he is not wanted in connection with any other case. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 245. ......f informant and addressed the informant as Khaluzan. Being pleased with the behaviour of accused and his wife, the informant agreed to help the business of accused and accordingly, the informant gave cheques of Taka 38,00,000 to the accused on different dates and those cheques are related to Sonali ..

Category: Criminal Law | Date: | Hits: 40

Abdul Alim Vs. Biswajit Dey and another, 2007, 36 CLC (HCD)

....lt, this Rule is discharged. The order of stay granted earlier by this Court is vacated. Communicate this order at once. Ed. This Case is also Reported in: 59 DLR (2007) 236 . ......stance of complaint case is that due to business transaction, there is outstanding claim of Taka 21 lakh from the accused petitioner and to meet the said outstanding dues, the accused petitioner gave cheque No. 6340085 on 31-11-2004 from his account maintained with Dutch Bangla Bank. The complainant..

Category: Criminal Law | Date: | Hits: 50

Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)

....li and others, 7 DLR 94 Mr. Ibrahim J held— "Possession under a mistaken or invalid title is as effective as that of a trespasser, and, if sufficient in length of time and continuity, gives the holder a title." 42. His Lordship followed number of autho­rities including the one reported in ...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ..

Category: Property Law | Date: | Hits: 35

Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)

....no legal effect; and they are accordingly quashed. Order of stay granted on 23-5­06 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......y thousand is claimed or shown to have been received as loan by an assessee during any income year from any person, not being a banking company or a financial institution, otherwise than by a crossed cheque drawn on a bank, and has not been paid back in full within three years from the end of the in..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Mirza Shahab Ispahani Vs. Government of the Peo­ples’ Republic of Bangla­desh, 1987, 16 CLC (HCD)

....s to the authority concerned that the petitioner was admittedly a Pa­kistani on the 25th day of March, 1971 and has never been heard of to be either a Bangladeshi citi­zen or a Bangladeshi passport holder, then it cannot be blamed for taking over and treating the disputed property as an abandoned ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..

Category: Immigration and Citizenship Law | Date: | Hits: 188