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Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
....cted in violation of Article 44AA of the Representation of the People Order, 1972, hereinafter referred to as 'the Order.' (ii) Himself spent the money for election expense and he did not make any payment to his election agent authorising him to spend the money for such expense, thereby acted in ......tion Agent has sworn affidavit at the time of submission of election return, but he could not say whether it was before the Magistrate or the Notary Public. He stated that 3 lac taka was withdrawn by cheque, but he could not remember whether any further amount was withdrawn from the bank and added t..Category: Election Law | Date: | Hits: 300
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....isposal of this rule, in short, are that the present petitioner borrowed an amount of money from the House Building Finance Corporation, shortly, "HBFC" but, according to HBFC, he fell into arrear of payment leaving as of 31-8-1993 a total amount of Taka 15 lakh and odd overdue on the loan account. ......ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ..Category: Property Law | Date: | Hits: 127
Sk Shayeed-ul-Amin and others Vs. State, 2010, 39 CLC (HCD)
....ge and both parties were in friendship from boyhood. The accused persons agreed to sell some land to the complainant for consideration of cash money and handed over possession of some property taking payment of Taka 75,000 and to register sale deed in favour of complainant within 1(one) week. SubseÂ......esult, we find merit in the rule issued earlier. According the rule is made absolute. Send down the Lower Court Record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 237. ..Category: Criminal Law | Date: | Hits: 102
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....ld make neÂcessary repairs of the house at his own cost and he would not be required to pay rent for it. Accordingly appellant made necessary repairs at his own cost and went on living there without payment of any rent. But subsequently the informant demanded rent from appellant and on his refusal ......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....the four elements as has been discussed earlier and those having not been complied with by the plaintiff was not entitled to get a decree for Specific Performance of Contract as the defendant No.4 on payment of enhanced price of Taka 70,000 at a time got the schedule property transferred in his favo......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....mily status of the plaintiff and other relevant matters such as "age, beauty, fortune, understanding and virtue" of the girl……………….(34) If there is no kabinnama and no specific mode of payment of the deferred dower is identifiable from the evidence on record it is payable on demand…......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
....ffs and delivered possession. The record of rights was also prepared in the name of said Shaheb Ali. Then, he possessed the suit land by building four-roof tin hut and running business thereform upon payment of rents on proper receipt.
4. Then, Shaheb Ali died leaving plaintiff No.1 to 7 as his o......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
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Category: Property Law | Date: | Hits: 100
Dr. Md. Mofizur Rahman and others Vs. Md. Bashirullah and another, 2003, 32 CLC (HCD)
....tted when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheque is presented to the bank for encashment; (2) the payee should have made a demand for payment by registered notice after the cheque is returned unpaid; and (3) the drawer should have fai...... within one month as envisaged in section 141 (b) of the Negotiable Instruments Act………………………(5) An offence under section 138 of the Negotiable Instruments Act is committed when a cheque is returned by the bank unpaid for any of the reasons mentioned therein provided (1) the cheq..Category: Civil Law | Date: | Hits: 163
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....ndant No.1 bank, stating that he had authority to depose on behalf of the defendants, testified that at the relevant time he was stationed at the local remittance branch of the bank. He asserted that payments were made to honour those two cheques after comparing the signatures and following the rele...............Appellants Vs. Dewan Md. Yusuf.................................................Respondent Judgment January 16, 2002. Result: The Appeal is dismissed. If a bank pays on a cheque which does not contain the customer's signature, the bank acts without mandate and cannot rep..Category: Criminal Law | Date: | Hits: 130
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....en the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v) giving notice in writing to the drawer of the cheque demanding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of......he offence under section 138 of the Act can be completed with the concentration of the number of facts (i) First occurrence and consequently agreement was made between the parties (ii) drawing of the cheque, (iii) presentation of the cheque, (iv) returning of the cheque unpaid by the drawee bank, (v..Category: Criminal Law | Date: | Hits: 134
Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)
....inant went to Saudi Arabia in 1982 to work as labourers and the complainant gave to the petitioner 1800 Saudi Rials to give to his father, Sultan AhÂmed and the complainant informed his father about payment of the money to the petitioner by letter on 27.2.84. On receipt of the letter from his son S......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..Category: Criminal Law | Date: | Hits: 110
....C along with the specific bank identiÂfied as Respondent No.2, The City Bank Ltd. (hereinafter referred to as 'the Bank') in each of these cases shall not be restrained from encashing and making any payment under the specified bank guarantees until further orders. It is also evident that pursuant t...... Orders previÂously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
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Category: Alternative Dispute Resolution | Date: | Hits: 589
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......le near the said latrine. Police Sub-Inspector Biplob Biswas recovered a polythene bag containing the coffee coloured sandal of the victim, ring of key, blood stained nylon rope, a black bag with two cheque books of the victim, the bus ticket of victim from Dhaka to Kapasia and 4 coloured picture of..Category: Criminal Law | Date: | Hits: 147
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, Court shall make an order setting aside the decree as against him upon such terms as to costs payment into Court or otherwise as it thinks fit and shall appoint a day for proceeding with the Sui......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)
....nd the respondent-workers and a few other workers took very active and indomitable part to see that the petitioner-employer could not avoid signing the legitimate agreement incorporating a clause for payment of arrears with lot of persuasions. For the above reasons, the petitioner-employer looked qu......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: | Hits: 138
Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)
....hat Tangail Dhaka Bus‑Owner Association took lease of Tangail Bus Terminal for the year 1985 from Tangail Zila Parishad having received takid over phone on 2‑4‑85 from the accused appellant for payment of lease money. The Secretary and Treasurer of the Bus Owners' Association prepared and issu......n, Tangail Zila Parishad. The accused‑appellant went to the office of the Bus Owners' Association on 3‑5‑85 and told them that the Zila Parishad was in need of cash money and, as such, the said cheque was converted in his name and he received the cheque and also the accompanying letter No.28 b..Category: Criminal Law | Date: | Hits: 88
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....006 by the Bank on 22-10-2006 the defendant-petitioner and others with malafide intention on 11-2-2006 filed Company Matter No.174 of 2006 for an order of winding up of the company-Gonophone to avoid payment of the Bank loan. The Ain is a special law and, assuch, section 250 of the Act cannot be app......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Mikasa Enterprise Vs. Government of Bangladesh, 2011, 40 CLC (HCD)
....import of the goods relying on section 25A of the Customs Act, 1969 and the Government's Pre-shipment Inspection Rules framed thereunder which were allowed the petitioner to import the consignment on payment of customs duty and other charges on the basis of Clean Report Findings (CRF) value. 4. I......titioner is at liberty to file review application before the Review Committee within 21 days as per provision of the PSI Rules, 2002. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 193. ..Category: Fiscal/Taxation Law | Date: | Hits: 151
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
....ook up all the three Issues together for decision. Learned Trial Judge rendered following decisions: i. Mutation in the year 1977 on the strength of Plaintiffs' purchase in the year 1975 and their payment of rents for 13 years and non-payment of rents by Defendants during that period is a proof t....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....nwhile officials of the concerned branch of the plaintiff bank received an anonymous phone-call indicating that the cheque remitted for collection by the defendant bank-branch was forged. Accordingly payment against the cheque was stopped and Dhaka WASA was immediately communicated with for confirma......sp; 2. Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being f..Category: Business or Commercial Law | Date: | Hits: 548
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