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Redwan Ahmed Vs. Bangladesh, 2010, 39 CLC (HCD)
....il already granted to him by this Division. The order of stay granted earlier by this Court is hereby vacated and recalled. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 70. ...... any organization's approval by abuse of their powers withdrew Taka 50,00,000 (Taka fifty lakh) from the said Bank account vide Cheque No. 1474231 dated 11-6-2002 for an amount of Taka 20,00,000; cheque No.1474214 dated 11-6-2002 for an amount of Taka 20,00,000 and cheque No.1474215 dated 11-6-2..Category: Anti-Corruption Laws | Date: 25 Oct, 2010 | Hits: 211
Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)
....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......g dues. The case of the plaintiff-Uttara Bank is that upon an application by the petitioner No. 1, the Uttara Bank allowed it IBP facility for an aggregate amount of Taka 15, 46, 27,000 as against 57 cheques issued by Chittagong Tobaco Company Ltd, CDA Avenue, Chittagong, in favour of the petitioner..Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2
Ferdous Khan @ Alamgir Vs. Islami Bank Bangladesh Ltd. and another, 2010, 39 CLC (HCD)
....mpany and thereby to make it a co-accused at a subsequent stage. 14. The accused petitioner Ferdous Khan is not the drawer of the cheque and company is an entity distinct from its members (share-holders and the directors), as already decided in the Punjtih Ali's case, 29 DLR (SC) 185. 15. ......he payee Bank sanctioned loan in the name of the comÂpany of the accused and that Tk. 25,87,26,294.70, as on 30-6-2007, was due to the bank; that when asked to repay the loan, the accused issued two cheques on 25-1-2008 and on 25-2-2008 respectively, on behalf of Bagdad Exim Corporation Ltd., as it..Category: Banking Law | Date: 1 Aug, 2010 | Hits: 657
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....Suit No.2 of 2006 against this petitioner and others for realization of outstanding loan. That suit was decreed ex-parte by the Judgment and order dated 25-4-2007. Thereafter, on 14-3-2007 the decree-holder bank filed Artha Decree Execution Case No.3 of 2007 on the basis of that decree. On the very ......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
ATM Salim Chowdhury Vs. State, 2010, 39 CLC (HCD)
....anted earlier by this Court shall stand vacated. Communicate the order at once. Salma Masud Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 494. ......itioner owed an amount of Tk. 9, 00,000/- to the petitioner and his partners. The accused-petitioner paid Tk. 50,000/- in cash and in order to repay the balance amount the accused-petitioner issued a cheque dated 09.10.2007 for Tk. 8,50,000/- in favour of the complaint, drawn upon Islami Bank Bangla..Category: Banking Law | Date: 13 Jul, 2010 | Hits: 187
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....ing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party-plaintiff-decree holder obtained a decree on 27-03-2001 in Civil Suit No.619 of 1999 in the High Court of Kolkata aga......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....e expression “access to be negotiable" only means that the cheque (or the instrument) cannot be transferred to any other person so as to constitute that person (the transferee of the cheque) as the holder. This is clear from the definition of the word 'negotiation’, as given in section 14 of the......€¦Opposite party Judgment May 30, 2010. Result: The rule is discharged. The Negotiable Instruments Act, 1881 (Act No. of XXVI of 1881) Section 123 (A) (2) (a) provides that once a cheque is crossed as 'account payee' it ceases to be negotiable, but it does not cease to be a negot..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......tion of Taka 90,00,000 (ninety lakh), which is the price of 20 bighas of land measured at 30 decimals per bigha, rate of which was at Taka 4,50,000 per bigha and received Taka 10,00,000 (Ten lakh) by cheque No.15588 dated 21-11-1996 and he gave a signed receipt of the said money. Later on, on the ba..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....at the complainant filed a petition of complaint by person but the accused-petitioner gave the cheque to the "Messrs Hossain Traders" and the complainant is neither a proprietor nor power of attorney holder of the said "Messrs Hossain Traders" and accordingly he has no locus standi in filing the ins......took Taka 50,00,000 (fifty lakh) only on account of business transaction from the complainant who assured him to reimburse the amount at the earliest opportunity and the accused-petitionÂer issued a cheque in favour of complainant bearing No.50/Kha Cha 1204311 dated 30-4-2008 of Bangladesh Commerce..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Abu Borhan Khan Khokon Vs. The State & another, 2010, 39 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......Biplob), Managing Director of Messer's Bangladesh Builders filed a petition of complaint before the learned Magistrate, 1st Class, Tangail on 29.11.2006 regarding an alleged occurrence of dishonor of cheques against the present petitioner under section 138 of the Negotiable Instruments Act, 1881. ..Category: Banking Law | Date: 25 Apr, 2010 | Hits: 177
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
....plaintiff, defendants have filed written statement on 27-7-1996. It is their case that, it is doubtful whether the plaintiff has filed actually the instant suit and also whether the Power of Attorney holder initiated the suit for getting power for filing the suit. 6. It is the specific case of ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....The transfer of an execution proceeding is guided by section 39 of the Code of Civil Procedure, which allows the Court to transfer a proceedings only upon receipt of an application from the decree holder but not at the desire of the judgment debtors……………………………….(20) ......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Md. Jubayer Vs. State and others, 2009, 38 CLC (HCD)
....ments Act on the failure of the drawer of the cheque to make payment of the money mentioned in the cheque within thirty days of the receipt of the notice from the payee or, as the case may be, the holder in due course of the cheque………………….(15) Section 141 of the Act proÂvides......e Rule is made absolute. The Negotiable Instruments Act, 1881 (Act No. XXVI of 1881); sections 138 & 141 In order to make person liable under section 138, the payee of the cheque has to give a notice in writing to the drawer of the cheque within thirty days of the receip..Category: Criminal Law | Date: 9 Nov, 2009 | Hits: 128
....d transferred, all the co-sharer tenants of the holding and all the
tenants holding lands contiguous to the land transferred and the transferee
shall be made parties."
and submitted that
holders of land contiguous to the land transferred has not been made party in
the pre-emption case ......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....ladesh filed the suit praying for decree against the Rally Brothers and suit was decreed and pursuant to the decree Government of Bangladesh through Court got possession and become the absolute owner/holder of the suit property. Government of Bangladesh after selling the suit land to defendant No. 5......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sheikh Mashuk Rahman Vs. State and another, 2009, 38 CLC (HCD)
....ult the Rule is discharged. The order of stay granted earlier by this court is hereby vacated. Communicate the order. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 28. ...... on 12-5-05 between the accused petitioner and complainant-company in presence of the witnesses wherein it was incorporated that the accused will be given credit facilities on sales and he will place cheques for the same to be encashed within the time limit; that during transactions, on request of t..Category: Banking Law | Date: 16 Aug, 2009 | Hits: 190
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....25-3-2007 while he was working in the said bank, the informant Zibon Krishna Roy came to the bank and investigated into the FDRs and seized the FDRs register, Voucher and initial signature of account-holder and FDR Receipts of those FDRs. The informant Zibon Krishna Roy prepared the seizure list in ......ate evidence. Mr. Karim submitted that PW 35, an officer of Janata Bank gave false evidence by exhibiting Exhibit 26 and drew our attention to the statement of account in janata Bank wherein the same cheque number being 5066701 was shown to have been deposited twice for two different amounts which i..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....eople will get preference over other candidates. To further open up their prospects of promotion the Authority also decided that any Assistant Technical Officer or any Sub-Assistant Engineer (Diploma holder) on passing the AMIE Examination completely will be re-imbursement in the post incurred by su......9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....eople will get preference over other candidates. To further open up their prospects of promotion the Authority also decided that any Assistant Technical Officer or any Sub-Assistant Engineer (Diploma holder) on passing the AMIE Examination completely will be re-imbursement in the post incurred by su......ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Sheikh Md. Nurul Haque Vs. State and anothÂer, 2009, 38 CLC (HCD)
....ss- 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 as demand for the payment of the said ......mplainant was a business man maintaining business for long time with reputation that on the other hand, the accused petitioner used to purÂchase goods (construction materials) from him by cash or by cheque; that on 30-04-2005 the accused petitioner gave a cheque to the complainant at his business e..Category: Banking Law | Date: 26 May, 2009 | Hits: 663
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