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Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
.... supplied, the defendant No. 1 is to execute and deliver a "Deed of Agreement "in respect of sale of the said apartment to the plaintiff and to execute a "Registered Sale Deed" on receipt of the full payment and hand over the possession of the apartment by June, 1998; that the defendants relied on s......purchase the said apartment at a consideration of Taka 41,22,000 for his sister who lives in New York USA. Subsequently, the plaintiff paid Taka 20,00,000 and 21,22,000 to the defendant No. 1, all in cheques, on 12-3-1997 and 16-5-1997 respectively and the defendant Nos. 1 & 2 acknowledged the..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. ......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)
.... petitioners a guaranteed profit of Taka 10,000.00 per month. In pursuance of the loan agreement the respondent-company paid profit of Taka 10,000.00 per month up to July, 1991 and thereafter stopped payment to the petitioner. In the aforesaid situation the petitioner requested the respondent No. 2 ......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
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....amined, a completely new story was attempted to be added in the additional written statement by giving a go-bye to the earlier case of monthly tenancy and in that place a case of permanent tenancy on payment of salami and making out a case of reconstruction of the premises incurring an expenditure o......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
....According to section 31 of the Act, 1881, the drawee of a cheque shall honour the customer's cheque when required so to do provided there are sufficient and adequate funds properly applicable towards payment available with him that means the funds in the account of the customer must be freely availa...... Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to accept the account payee cheque as security deposit in terms of section 42(1) of the Artha Rin Adalat Ain, 2003 and/or such o..
Category: Civil Law | Date: | Hits: 90
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....Dhaka for Taka 44.00 lac to respondent No.2 in the presence of the bank officials and respondent No. 2 gave a receipt dated 31-10-1993 for the said pay order. The petitioner having made the requisite payment as aforesaid, the Bank delivered the share certificates to the petitioner on 2-11-1993, rece......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
Mohammad Musa Vs. Kabir Ahmed, 1998, 17 CLC (HCD)
....f business transaction is of civil nature and as such there can be no criminal liability under this section. His last submission was that both the Courts below acted without jurisdiction in directing payment of the entire money due to the complainant. 6. Mr. Abdul Momen Chowdhury the learned Advo......charged in the aforesaid terms. The petitioner is directed to surrender to his bail bond to serve out the remainder of the sentence, if any. Ed. This Case is also Reported in: 41 DLR (1989) 4. ..Category: Criminal Law | Date: | Hits: 37
State Vs. Khalilur Raman, 1998, 17 CLC (HCD)
.... 2. The prosecution case is that at about 3 P.M. on 12.9.84 the accused appellant Khalilur Rahman assaulted his wife Peara Begum with a balikucha (an instrument for sharpening dao) severely for nonpayment of the balance of Tk.600/00 out of the dowry of Tk.4000/- agreed to be given him at the ti......, 1974. Let the appellant be transferred from the condemned cell to the jail custody. Let the lower court records be sent back at once. Ed. This Case is also Reported in: 41 DLR (1989) 1. ..Category: Criminal Law | Date: | Hits: 35
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....roject. The concerned loan of the BSRS was delivered to accused No.6, who is the managing director of the company accused No.5. It has been stated further that on the petition of complaint itself the payment against the project was made to the dockyard company and for that matter to its managing dir......m by the BSRS and purchased old engines at a much lower price and thus mis-appropriated the balance sum of money. It may be further stated that the last instalment for Tk. 28.00 lacs was paid through cheque dated 3.12.80 to purchase new engines through WEs but the accused Nos. 5 and 6 fraudulently w..Category: Criminal Law | Date: | Hits: 67
Bangladesh Shipping Corporation Vs. Rafique Ahmed, 1987, 16 CLC (HCD)
....on stating that the learned Subordinate Judge, Second Court in Money Execution case No.3 of 1986 by his order dated 20.3.86 directed Bangladesh Shipping Corporation to restrain itself from making any payment of Tk.8,75,799/79 to the judgment-debtor Saturn Commercial Enterprises, Singapore, that on 1......s made above as expeditiously as possible preferably within two month from the date of receipt of this order. Qazi Shafiuddin J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 36...Category: Admiralty Law or Maritime Law | Date: | Hits: 212
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
.... acre of land. On 12th August, 1948 in order to avoid creditors they executed kabala purporting to transfer the property in favour of defendent No, 1 who was friendly to plaintiff No. 1. There was no payment of any consideration thereunder and they continued to possess the property as before. The cu......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....overnment khas land to khas Mohal Department on 13.4.55 that he was found eligible for getting settlement of Government khas land and was allotted the disputed 5 acres of land on usual conditions for payment of premium and rents; that as the premium was fixed at Rs.1125/- he was unable to pay the sa......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
KDH Laboratories Ltd. Vs. Pubali Bank and Ors., 1987, 16 CLC (HCD)
....9.4.84 the learned Subordinate Judge ordered that since no ex parte decree has been passed, the defendants' prayer should be allowed for ends of justice. The written statement was accepted subject to payment of costs of TK. 250/- to the plaintiff-petitioner by 7.5.84. 4. It is against this order......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)
.... directed against judgment and order dated 8-7-95 passed by the learned Subordinate 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 h......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)
....g sealed tender was published at the instance of the receiver. The petitioner in order to participate in the sealed tender for purchasing the wreck MV Pavlina-I purchased tender schedule on 6-9-94 on payment of requisite fee. The petitioner participated in sealed tender on as is where is basis of th......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
Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)
....ransferred to the appellants and we have already decided that defendant No.1 acted as agent of the plaintiff. It is the money of the plaintiff and that defendant No.1 acted as their agent and for non-payment of aforesaid US Dollars defendant No.1 cannot be made liable and the trial Court rightly pas......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..Category: Banking Law | Date: | Hits: 136
Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)
....ts were published in Daily ‘Mukta Kantha’ and ‘Manob Jamin’ on 1-2-99 and 2-2-1999 respectively. Said Shakila Begum also sworn an affidavit to that effect. The petitioner thereupon prayed for payment of compensation and costs to the victim and his family. 4. The Rule has been contested b......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ..Category: Criminal Law | Date: | Hits: 106
Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)
....o be given under proviso (c) to section 138 of the Negotiable Instruments (Amendment) Act, 1994. The learned Advocate for the petitioner has submitted that as the 15 days time given by law for making payment did not expire, there was no cause of action for filing the case and, as such, the case is l......t be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a cheque was issued by the accused petitioner in favour of the complainant opposite party. The cheque ..Category: Criminal Law | Date: | Hits: 35
Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....n favour of the plaintiff who was at first informally notified and later by a registered letter dated 7-3-93 he was so informed and thus was attorned and that the defendant is defaulter in respect of payment of rent who stopped payment of rent from December, 1992 and the plaintiff was also in bona f......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....a word on these assertions of the plaintiff. Her case of employment flatly denied by defendant No.2 as DW2. He testified that he took possession of the shop at a rental of Taka 7,000 per month and on payment of Taka 50,000 as security on a receipt as a sub lessee under the husband of the plaintiff w......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ..Category: Civil Law | Date: | Hits: 82
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