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Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)

....preme Court High Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J Birendra Nath Roy.......................Defendant-Petitioner Vs. Rupali Bank Ltd...........................Plaintiff-Opposite Party Judgment November 21, 2012. ......e-party No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loa..

Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7

Azizur Rahman (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....tiorari. Compliance of section 33(7) as assailed by the petitioner could impress the Court…………….. (6) Cases Referred to- Setara Begum Vs. Al-Arafah Islami Bank Ltd., 61 DLR 791=14 MLR 480; Mohiuddin (Sk) Vs. Joint District Judge, Artha Rin Adalat No.3, Dh......hat he is the third party mortgagor and under the law the respondent-bank is bound to sell the mortgaged property of the princi­pal borrower first and in the event of non-satisfac­tion of the dues the bank may fall upon other mort­gaged property. Mainly on these grounds the learned couns..

Category: Banking Law | Date: 20 Nov, 2012 | Hits: 8

Amirul Islam (Md.) Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

....ner opened an irrevocable letter of credit being No.108111010300 in favour of the United Agencies Pvt. Ltd of 15 Tagore Drive, Singapore 787622 for an amount of US$ 1, 62,525.75 through the Al-Arafah Bank Limited, New Elephant Branch, Dhaka for importing mixed fabrics, ready-made shirts, pants (trou......e Rule is declared to have been passed without lawful authority and is of no legal effect. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 77.   ..

Category: Fiscal/Taxation Law | Date: 19 Nov, 2012 | Hits: 6

Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)

....e F Gonyea, (4) Mr. MM Abouzeid of United Nations Development Programme, (5) Mr. Fred HW. Petrini, (6) Sewdish International Service, (7) Dr. Martin W. Bloem of Helen Keller International, (8) Uttara Bank Limited and (9) Aftab Bahumukhi Firm Limited. 5. Engineer Shamsul Kabir Humayun Reza of Ba......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ..

Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37

Sk Ahmedullah (Babul) Vs. Al-haj Md. A Rashid, 2012, 41 CLC (HCD)

....t, 1881 alleging that the accused-petitioner issued a cheque for payment of Taka 2, 25,000 in favour of the complainant-opposite-party to clear the dues. The cheque was presented before the concerned Bank for encashment. But it was dishonoured on 23-8-2009 on the ground of insufficient fund in the a......er section 138 of the Negotiable Instru­ments Act, 1881 alleging that the accused-petitioner issued a cheque for payment of Taka 2, 25,000 in favour of the complainant-opposite-party to clear the dues. The cheque was presented before the concerned Bank for encashment. But it was dishonoured on 2..

Category: Others | Date: 11 Nov, 2012 | Hits: 8

Md. Mosharraf Ali Khan and others Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others, 2012, 41 CLC (HCD)

.... Soumendra Sarker J Md. Mosharraf Ali Khan and others………………….....Petitioners Vs. Assistant General Manager, Principal Office, Sonali Bank, Barisal of Bagura Road, Barisal City, District-Barisal and others……...................he Court       concerned immediately for information and necessary action. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 51.     ..

Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4

Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....to be held on 22-5-2011 should not be declared to be without lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3—Islami Bank Bangladesh Limited. Bhola Branch on 20-5-2007 as plaintiff filed a suit before the Joint distri......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ..

Category: Property Law | Date: 7 Nov, 2012 | Hits: 8

Abdur Razzaque Chowdhury and others Vs. Artha Rin Adalat and others, 2012, 41 CLC (AD)

....en heard together and are disposed of by this common judgment.  Civil Petition No. 648 of 2010: 2. Facts giving rise to this leave petition are that respondent No.2, Bangladesh Shilpa Bank (hereinafter referred to as the Bank), filed Miscellaneous Case No.23 of 1997 in the Court of t......interfere with the impugned judgment and order passed in Writ Petition No.5889 of 2008. In view of the above, both leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 18 Oct, 2012 | Hits: 159

Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)

....ived at the Chittagong Port under 1 set of Invoice and 1 set of house Bill of Lading against two shipments. Then, the petitioner paid the entire LC value (inclu­ding the freight) to the concerned Bank. Accordingly, the Bank delivered the duly endorsed shipping documents to the petitioner. Therea......ation to deliver the cargo free from any encumbrance including container/ICD charges after the petitioner-importer has dis­charged his obligations towards payment of custom duties, taxes and port dues. 19. The respondent No.4 Chittagong Port Authority (CPA) entered appearance and contested ..

Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9

Abdul Wadud (Md.) Vs. Heaven Homes Private Ltd and others, 2012, 41 CLC (HCD)

.... Result: The petition is allowed. Cases Referred to- 54 DLR 583;53 DLR 81; 54 DLR 28; 61 DLR AD 82; 54 DLR 306; 61 DLR (AD) 82; Ittefaq Group of Publications Ltd. Vs. Arab Bangladesh Bank Ltd., 50 DLR 597. 50 DLR (AD) 138. Lawyers Involved: Jashimudttin Ahmed, Advocate with Md.......No. 7) shall stand vacated. Costs will be borne by the parties. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 143           ..

Category: Company Law | Date: 14 Oct, 2012 | Hits: 5

Kaisor-uz-Zaman (Md.) Vs. State, 2012, 41 CLC (AD)

....003 corresponding to GR No.1144 of 2004 pending in the Court of Senior Special Judge, Sylhet. 3. The background of the special case is as follows: The petitioner who was the Manager of IFIC Bank, Tuliker Branch, Sylhet as informant lodged a First Information Report (FIR) with Kotwali Polic...... Bidhimala framed thereun­der keeping in view of the observa­tions and the findings given by this Court in the judgment. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 101. ..

Category: Anti-Corruption Laws | Date: 8 Oct, 2012 | Hits: 6

Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)

....d 30-8-2006, 7-9-2006, 15-9-2006 and 22-9-2006 for an amount of Taka 73,00,000 (seventy three lakh). On receipt of the aforesaid cheques, the complainant presented the aforesaid cheques to the Agrani Bank, Laldighi Eastern Branch, Chittagong; but those were bounced for insufficient fund. The com­...... otherwise to secure ends of justice." 15. Coining back to the present case, it appears that the accused Nos.1 and 2 issued 4 cheques in favour of the complainant for pay up the outstanding dues. We have found that all the cheques were dishonoured for insuffi­cient fund. The complainan..

Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21

Moudud Ahmed Vs. Anti-Corruption Commission and another, 2012, 41 CLC (HCD)

....h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ......h the Special Case in accordance with law. Send a copy of the judgment and order to the concerned Court below immediately. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 778. ..

Category: Anti-Corruption Laws | Date: 7 Oct, 2012 | Hits: 95

Agrani Bank Vs. Anwarul Bashir Khan and others, 2012, 41 CLC (AD)

....Md. Muzammel Hossain CJ  Surendra Kumar Sinha J Md. Abdul Wahhab Miah J  Syed Mahmud Hossain J  Muhammad Imman Ali J  Md. Shamsul Huda J Agrani Bank.......................Appellant Vs. Anwarul Bashir Khan and others…........Res......of the Artha Rin Adalat Ain, 2003. These appeals are disposed of with the above observations without any order as to costs. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 120. ..

Category: Civil Law | Date: 3 Oct, 2012 | Hits: 5

Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)

.... Md. Rezaul Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. ......nt of the bodies to complete the process of IPO is hereby deleted, in con­sequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ..

Category: Company Law | Date: 2 Oct, 2012 | Hits: 14

Kazi Nasir Uddin Babul Vs. State, 2012, 41 CLC (HCD)

....s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ......s presently on bail is discharged from the bail bond. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 174.   ..

Category: Criminal Law, Arms Law | Date: 4 Sep, 2012 | Hits: 10

Orascom Telecom Bangladesh Ltd Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....DLR (AD) 90; 49 DLR (AD) 164; PTR Exports (Madras) (P) Ltd. Vs. Union of India AIR 1996 SC 3461; Bangladesh Vs. Md. Azizur Rahman 46 DLR (AD) 19; New Ideal Engineering and Works Vs. Bangladesh Shilpa Bank 42 DLR (AD) 221; Sheikh Abdus Sabur Vs. Returning Officer 41 DLR (AD) 30; Solicitor Vs. Syed Sa......e guidelines 2011 whatsoever. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 148.     ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 14 Aug, 2012 | Hits: 19

Padma Oil Company Ltd Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)

....disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ......disposed of and the order of stay passed earlier by this court is vacated. 24. However, there shall be no order as to cost. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 226 ..

Category: Fiscal/Taxation Law | Date: 7 Aug, 2012 | Hits: 5

Bangladesh Telecommunications Company Ltd Vs. CPTU, 2012, 41 CLC (HCD)

....mited company owned by the Government and provides fixed phone telephone services to the country. It is stated that the Government of Bangladesh has executed a Loan Agreement with the erstwhile Japan Bank for International Co-operation (hereinafter referred to as JBIC), which has been renamed as Jap......y Review Partel-2 within 2 weeks from the date of the receipt of this order. There, however, shall be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 98. ..

Category: Information Technology Law | Date: 7 Aug, 2012 | Hits: 10

Southeast Bank Ltd Vs. District Magistrate, Chittagong and others, 2012, 41 CLC (HCD)

....in: 21 BLT (HCD) (2013) 27   ......r. 3. With these observation and direction the application under Article 102 of the Constitution is disposed of. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 27   ..

Category: Constitutional Law | Date: 30 Jul, 2012 | Hits: 1