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Chittagong Steel Mills Ltd. Vs. TM Syndicate & others, 2012, 41 CLC (HCD)
....District Judge, 3rd Court, Dhaka by Judgment and decree dated 8-3-2004. Challenging the said decree, petitioner filed appeal with a delay of 159 days and the delay was condoned, against which, decree holder-opposite party moved before the Appellate Division of the Hon'ble Supreme Court in Civil Peti......btor-petitioner we find rule is incompetent. We find no substance in this rule. In the result, this rule is discharged. No costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 350. ..Category: Alternative Dispute Resolution | Date: 4 Mar, 2012 | Hits: 316
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....erpetuity has been excluded from the category in the latter Act. According to section 1(2) of the Act of 1949 the word 'tenant' means a person who has acquired from the proprietor or a tenure holder a right to hold non-agricultural land for any of the purposes provided in the said Act, and i......bdul Wahhab Miah J. I agree with the reasoning and findings given by my learned brother Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 33. ..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)
....itions attached to the license must be strictly folÂlowed. A claim of violation of fundamenÂtal rights guaranteed by Articles 31 and 40 of the Constitution does not exonerate or indemnify a license holder from breach of the terms and conditions of the license.....................................(6......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....0 the parties to an arbitration agreement may agree as to the mode of appointment of an arbitrator or arbitrators to be appointed by a person designated in the agreement either by name or as the holder for the time being of any office or appointment. In the instant case none of the parties agre...... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
....parate case, not on the same proceedings, as such, the application having been filed misconceived, should not be attended at all. Learned Advocate on reference to the letters given by the decree holder bank from 22-2-2009 till selling of the property, submits that, bank was always eager to sett......f 2008 are dismissed with these observation. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 30. ..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Mohammad Ali Vs. State and another, 2010, 39 CLC (HCD)
....ed with all the Criminal Miscellaneous Case mentioned above and sent to the Court below at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 428. ......¦â€¦â€¦â€¦â€¦.Accused-Petitioner Vs. State and another………………………………….Opposite-Parties Judgment January 10, 2012. Result: The Rules are discharged. Cross-cheque/ Account Payee cheque as negotiable instrument Cross-cheque/ Account Payee cheque is also..Category: Banking Law | Date: 10 Jan, 2012 | Hits: 452
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ...... Tk. 42, 50,000.00 (Taka forty two lacs fifty thousand) only within the said one year. The Purchaser-Second Party has paid the Vendor-First Party a sum of Tk.20,00,000.00 (Taka twenty lacs) only by a cheque dated 18.12.1986 drawn on Arab Bangladesh Bank Ltd. as initial down payment. 2. That wit..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and othÂers, 2011, 40 CLC (AD)
....t No.143 of 1998. The suit was ultimately decreed ex-parte vide judgment and decree dated 25.11.1998. Since the judgment debtor failed to pay the decretal amount within the prescribed time the decree holder bank put that decree into execution in Title Execution Case No.99 of 2000. In that execution ......record." Security of Tk. 1,000/- is to be depositÂed within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 185. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....eed with the impugned Special Case in accordance with law. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 1. ......man was made "Settlor" of the Zia Orphanage Trust. On 13-11-93, the accused as Prime Minster gave approval for withdrawal of Tk. 2,33,33,500 from the account of the Orphanage fund by a cheque and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in t..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
....- (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (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......nder section 138 of the Negotiable Instruments Act statÂing that the petitioner took loan in several occasions from the said bank but failed to repay the same that on the pressure of bank, he issued cheque on 30-4-2008 for an amount of Taka 10,00,000 (ten lakh) being cheque No.33214308, Bank Asia L..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....the shipping agent M/S Commodity International Limited in respect of payment of wages to the crew members of the vessel M. V. ACCORD. 15. In his examination-in-cross he stated that he is a service holder working in Ashik Shipping Lines (Pvt) Ltd., and working as a manager which has two directors ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Dhaka Electric Supply Authority Vs. Md. Hanif and another, 2010, 39 CLC (AD)
....ated 11.8.06 providing for one-step-out-of-turn promoÂtion to any Diploma Engineer on final passing of AMIE or equivalent degree was applicable to and actually applied by DESA to many of its Diploma-holder Sub Assistant Engineers. The respondent No.1 writ petitioner, with the prior perÂmission of ......not call for any interference by this Division. Accordingly, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 559. ..Category: Employment/Service Law | Date: 14 Aug, 2011 | Hits: 163
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Gazipur implicating writ petitioner-appellant Nos.2 and 3 as accused Nos.1 and 2 on the allegations, inter-alia, that the complainant, a Korean citiÂzen, was a foreign investor in Bangladesh and holder of 7000 shares and Managing Director of Tae Hung Packaging (BD) Limited and accused No.1, Bo......offence. In that case a complaint was made on the allegation that the accused borrowed from time to time from the complainant some money for the purÂpose of their business. One accused issued two cheques for repayment which were dishonÂoured. The complainant admitted that the accused agreed to..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
Kaisar-uz-zaman Vs. State and others, 2011, 40 CLC (HCD)
....Kotwali Police Station against accused Farid Uddin, the cashier of his branch, on the accusation that he as the cashier of the branch on 23-1-2003 received Taka 8,70,000 from Juned Ahmed, the account holder of Saving Account No.3385 and issued receipt putting his signature and giving seal of the ban...... the light of observation made above. The order passed earlier staying further proceeding of the special case is hereby vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 15. ..Category: Anti-Corruption Laws | Date: 14 Jul, 2011 | Hits: 43
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said execution case is pending before the Adalat and in the execuÂtion case on an application filed by the decree-holder-Bank under section 34 of the Artha Rin Adalat Ain, 2003 (the Ain, in brief), the learned Ju......ions the Rule is disposed of. The order of stay stands vacated. Communicate the Judgment to respondent No.2 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 75. ..Category: Limitation Law | Date: 20 Jun, 2011 | Hits: 13
Md. Arif-Uz-Zaman Vs. State and another, 2011, 40 CLC (AD)
....d or encashed with any other person except the person in whose favour the same was issued. To make it clearer, a crossed cheque “account payee” must be encashed through the account of the holder in whose favour it was issued. So, by no means, a crossed cheque “account payee” ...... The petition is dismissed. The Negotiable Instruments Act, 1881 (XXVI of 1881); sections 123A & 138 (1) The legislature has consciously used in section 138 (1), the word any ‘cheque’ drawn by a person on an account maintained by him with a banker for payment of any amo..Category: Banking Law | Date: 9 Jun, 2011 | Hits: 196
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
....shall enjoy the said rights. .............. (57) Rights in Personam The right which is enshrined in section 76 (1) is not attached to shares. The promoters or sponsors are the original shareholders who floated the company. If the promoters transfer their shares then the transferees do not ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Sk. Nurul Islam Vs. State, 2011, 40 CLC (HCD)
.... discharged from his bail bond. Send down the Lower Court Records, along with a copy of this judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 436. ...... 4976/- of the aforesaid Upazila Parishad. He, being a public servant, having misappropriated the said amount of public money of the Doulatpur Upazila Parishad by dishonestly preparing through a cheque being No. Jha 0443259 dated 2.8.87 and obtaining signatures of the concerned authorities ther..Category: Anti-Corruption Laws | Date: 19 May, 2011 | Hits: 157
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......r, on 03.03.1997 the defendant No.1 withdrew Tk. 2,00,000/- and, thereafter, on 21.03.1987 again he withdrew Tk. 2,00,000/- and, thereafter, as cash credit pledge loan he withdrew Tk. 4,00,000/- by a cheque. Thereafter, upon an application of the defendant the loan amount was increased from Tk. 6,00..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....n the Artha Rin Adalat, 1st Court, Dhaka (shortly, the Adalat) for recovery of the loan with interest. Eventually, the suit was decreed exparte for an amount of Tk. 5,40,49,309.76/-. 3. The decree holder Bank initiated Artha Execution Case No-120 of 2005, which was dismissed due to default of the...... order as to cost. The office is directed to communicate the Judgment at once to the concerned executing Court (Respondant No. 3). Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 281. ..Category: Banking Law | Date: 16 May, 2011 | Hits: 179