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Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)

....tiable Instrument Act is bad in law but the petitioner's liability for having committed an offence under sections 406/420 of the Penal Code for issuing cheques without having sufficient credit in the bank is suggestive of the fact that he had the intention to cheat from the very beginning. This cont......gar……………Accused‑Petitioner Vs. State, represented by the Deputy Commissioner………………Opposite Parties Judgment August 7, 2002. Case Referred To- Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990 BLD (AD) 168. Lawyers Involved: Abdul Matin K......tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ..

Category: Civil Law | Date: | Hits: 83

Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)

....e Rice Mill agreed to give certain benefits to the plaintiff and on getting the assurance of assistance the plaintiff took a plan for establishment of the aforesaid Oil Mill. On consultation with the bank the plaintiff applied for loan under IDA credit. The project was for Taka 51, 46,120.00 which w......se is also Reported in: 52 DLR (HCD) (2000) 75....... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75...

Category: Civil Law | Date: | Hits: 72

M Saleem Ullah, Advocate and others Vs. Bangladesh, 2002, 31 CLC (HCD)

....aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ...... Case is also Reported in: 55 DLR (2003) 1. ......aka into residential plots and police station is hereby declared to have been made without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 55 DLR (2003) 1. ..

Category: Environmental Law | Date: | Hits: 259

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

.... the then Nationalised Uttara Bank on 9-11-1977 and he joined in that post at Ghorashal (Narsingdi) Branch of the Bank on 25-11-1977. Subsequently, he was transferred to the different branches of the bank. He was promoted to the post of Officer Grade-II (Cash) and ultimately, posted at Mymensingh Br......rt High Court Division (Civil Revisional Jurisdiction) Present: AKM Fazlur Rahman J AVP, Uttara Bank Ltd. ............Petitioner Vs. Shahabuddin Khan and others...………Opposite-Parties Judgment June 27, 2006. Cases Referred T...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..

Category: Employment/Service Law | Date: | Hits: 69

Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... Nos. 3, 4 and 5 to provide required assistance to the petitioner company in the light of recommendation given thereto. But without paying any heed to the said letter of recommendation the respondent bank namely, Arab Bangladesh Bank Limited instituted a Mortgage Suit being No. 71 of 1995 on 13-9-19......rt High Court Division (Special Original Jurisdiction) Present: MH Haider J Farah Mahbub J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged w......scharged. In the result, the Rule is discharged without any order as to costs. The stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 59 DLR (2007) 141. ..

Category: Civil Law | Date: | Hits: 133

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....ed the suit property described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd September, 1998 filed an application to the plaintiff bank for HPSM loan. The plaintiff bank thereupon sanctioned a loan of Tk. 30,00,000/- (thirty lac) t......nstructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) ......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....shed on 20.07.2005, was stayed for a period of 3 (three) months which was extended from time to time but during emergency, the order of stay was not extended. During that period, the respondent No.3, bank executed a deed of sale in favour of the auction purchaser. After the lifting of the emergency,......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Ba......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131.......cation under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not be direct to grant/issue a "No Objection Certificate" and give registration in favour of the petitioner to allow the petitioner to broadcast, import progr......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131...

Category: Information Technology Law | Date: | Hits: 171

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......man, RAJUK.........Appellant Vs. Abdul Matin Crore..........Respondent Judgment May 25, 2006. Cases Referred To- Moslem Ahamed Sarker (Md) vs. Abdul Khaleque and others, 50 DLR 616; Safi Ahamed Chowdhury vs. Pubali Bank, 54 DLR 310. Syed Noor Md. Shah vs. Fa......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)

.... equal portion of land to each of them who are in possession by ami­cable settlement among themselves. He further sub­mitted that the plaintiff has exhausted his share by mortgaging his land in the bank. He is a defaulter and his land has been attached by the bank and put into auction sale. So, wi......¦â€¦Appellants Vs. Md. Rezaul Hoque Patwary & others …………………….Respondents Judgment July 17, 2006. Cases Referred To- Abul Kalam Engineer and another vs. Nasiruddin Howlader and others 54 DLR 515; Ali Ahmed vs. Rezia Begum and others 1986......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..

Category: Property Law | Date: | Hits: 46

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... This Case is also Reported in: 59 DLR (2007) 66. ......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..

Category: Business or Commercial Law | Date: | Hits: 208

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ......Jurisdiction) Present: Md. Muzammel Hossain J Farid Ahmed J Siddiqur Rahman……………………………Petitioner Vs. Chairman, Divisional Labour Court and others……….Respondents Judgment March 12, 2006. Cases Referred To- ......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..

Category: Labour and Industrial Law | Date: | Hits: 108

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ...... ......f default in making the payment does not arise. The application for winding up of the respondent Company is, accordingly, rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 62. ..

Category: Company Law | Date: | Hits: 239

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

....wo instruments mentioned in the section. A cheque has been defined in section 6 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act) as a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand. 10. As a cheque is a "bill...... Farah Mahbub J Doly Enterprise & others………………………………………………………………Petitioners Vs. Additional District Judge, 1st Court, Dhaka and another…………Respondents Judgment October 19, 2006. Cases Referred To...... as amicus curiae. Let a copy of this judgment and order be sent to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 37. ..

Category: Civil Law | Date: | Hits: 90

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....he Companies Act, 1913 and the Articles of Association of the company. Prior to the purchase of the said shares by the petitioner, the respondent No. 2 had pledged these shares as part security for a bank guarantee provided by IFIC Bank Ltd. Motijheel Branch, Dhaka. Respondent No. 2 had pledged thes...... Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Giasuddin Ahmed……………………………Petitioner Vs. Green Delta Insurance Company Limited and another…………….Respondents Judgment August 20, 1995. Cases Referred To- Sh......ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ..

Category: Company Law | Date: | Hits: 181

State Vs. Badshah Mollah, 1988, 17 CLC (HCD)

....lpi etc. 15. P.W.5 Syed Golam Mostafa who is a sei­zure-list witness stated, inter alia, in his deposition that the police on 27-11-84 at 2 p.m. took and seized the blood-stain earth from western bank of the Baish­ar beel where the victim Babu Mollah was killed and the same was marked as Ext.2 ......e water, while he was coming back home he raised alarm saying 'Abdul Khaleque, Abdul Khaleque'. Hearing this alarm the informant Md. Roisuddin, P.W. 1 went to the place of occur­rence from his house and saw the dead body of de­ceased Babu Mollah with cut injuries on his throat. After a while accus...... set aside. We direct that the con­demned-prisoner Badsha Mollah be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 11...

Category: Criminal Law | Date: | Hits: 42

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......84 with Criminal Revision No. 244 of 1984. Judgment ATM Afzal J.- These two Rules, at the instance of the respective accused-petitioners, were issued upon the Deputy Commissioner, Dhaka and the opposite party No.1 to show cause as to why the proceedings in petition case No. 563a/84 now......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...

Category: Criminal Law | Date: | Hits: 67

KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)

....of 1982. 2. The petitioner as plaintiff filed the aforesaid suit on 16.4.82 for recovery of TK. 1,50,00,000/- being the market value of the plaintiffs balance stock of goods lying in the defendant-bank's pledged godown, as well as for recovery of damages for wrongful detention thereof amounting t...... Court High Court Division (Civil) Present: Mustafa Kamal J AKM Sadeq J KDH Laboratories Ltd........................................................Petitioner. Vs. Pubali Bank and Ors……………………………………….OppParties. Judgment August 3, 1987. L......frain from interfering in the matter. In the result, the rule is discharged, but without any order as to costs. AKM SADEQ J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 1. ..

Category: Civil Law | Date: | Hits: 83

Arab Bangladesh Bank Ltd. Vs. Ziauddin and others, 1998, 27 CLC (HCD)

....dinate Judge, 1st Court, Comilla in Title Suit No.4 of 1995 who by the said order restrained the appellant from making any payment to defendant No.1 exceeding 1/4th of her share now being kept in the bank with the name of her late husband and the trial Court also allow defendant No.1 who is responde......Court High Court Division (Civil Appellate Jurisdiction) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Arab Bangladesh Bank Ltd. …………….Appellant Vs. Ziauddin and others…………………………Respondent Judgment December 7, 1998. Cases Referre......d by the trial Court while disposing of the suit on merit. The connected Memorandum of Cross Objection is accordingly disposed of. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 36. ..

Category: Banking Law | Date: | Hits: 122

Bashiruddin Ahmed Vs. Ministry of Finance, National Board of Revenue, 1996, 25 CLC (HCD)

....ed were either burnt or almost rotten due to remaining under water for long time. On the advice of the Port Authority and the Customs Authority the salvaged rotten and burnt goods were stacked on the bank of the river. When the petitioner was about to remove the salvaged goods for want of necessary ......¦â€¦â€¦Petitioner Vs. Ministry of Finance, National Board of Revenue ……………Respondents Judgment August 18, 1996. Case Referred To- MA Khaleque Vs. Government of Bangladesh and others, 32 DLR 243. Lawyers Involved: AJ Mohammad Ali with AKM Asaduzzaman, Advocates—F......n the result, the Rule is discharged without any order as to costs. The stay order granted by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 33. ..

Category: Fiscal/Taxation Law | Date: | Hits: 86