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Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 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......t the complainant, Tauhid Uddin Ahmed, owes the accused petitioner Taka 3,00,000 (three lac) in connection with business and for the purpose of payment of the said dues, the accused petitioner gave a cheque on 4-10-2005 for Taka 3,00,000 (three lac) from Social Investment Bank Ltd., Panthopath Branc..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 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......s well as on credit and the accused petitioner purchased 480 metric tons of sugar on different dates by different DO (delivery order) on credit from the complainant, the accused-petitioner issued two cheques bearing No. MTBL/CD 0521606 and 0521288 giving date of 20-1-2006 of his current account No. ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Advance Sweater Industry Ltd Vs. Mohiuzzaman Chowdhury and others, 2009, 38 CLC (HCD)
....able under Section 41 of the Artha Rin Ain, 2003 before the learned District Judge against an order of the Artha Rin Adalat in an execution proceeding by an aggrieved person who is neither the decree holder nor the judgment debtor, the valuation of the subject matter exceeds Tk.5,00,000/-. 2. O......de absolute without any order as to costs. The impugned judgment and order of the learned Additional District Judge is set aside. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 16 ..Category: Civil Law, Procedural Law | Date: 18 Feb, 2009 | Hits: 1
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....erately used to drag the appeal for an indefinite period in order to hang the process of realisation of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realisation of cheque amount or loan......ng an embargo in filing of appeal against the order of conviction and sentence under sub-section (1) of section 138 of the Negotiable Instrument Act unless an amount of money not less than 50% of the cheque amount is deposited in the Court shall not be declared to be void as it conflicts with the ri..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suffers a lot also the process of realization of cheque amount or loan......s of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the cheque not only suff..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
....pposed the
above Rule by filing an affidavit-in-opposition. Besides what they stated in
their objection to the admission of above appeal before the District Judge, it
is contended that said decree holder unsuccessfully made an application under
Order VII, rules 11 read with section 151 of the Co......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Mosammat Setara Begum Vs. Al-Arafah Islami Bank Ltd. and others, 2008, 37 CLC (HCD)
....d 24-08-2006 (Annexure-E to the writ petition) passed by the Artho Rin Adalat no.4, Dhaka, in Artho Execution Case no.60 of 2006, conferring title of petitioner's mortgaged property upon the decree holder bank, should not be declared to have been made without lawful authority and is of no legal e......w. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 480. ..Category: Civil Law | Date: 11 Nov, 2008 | Hits: 4
....y shall be the sole criterion."
9. According to the aforesaid Rules, post of Executive Engineer, Deputy Directors and equivalent ranks, may be filled up by promotion from the immediate lower cadre holder and Rule 21 (b) provides that for promotion of the claimed posts merit-cum-seniority shall be......ving promotion to the post of Deputy Director as per provision of Bangladesh Water Development Board (Employees) Service Rules. 1982.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 689.
..
Category: Employment/Service Law | Date: 9 Nov, 2008 | Hits: 117
....e of Taka 1,24,00,000 under an agreement dated 18-6-2007 executed by
and between the government and the company Later 400 shares of the company
Messrs R Zaman and Company Limited of different share holders have been sold
and transferred to the writ petitioner under the approval of the Board of
D......to him under the provision of section
193 of the Companies Act, 1994.
However, there shall be no order as to
cost.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 226.
..
Category: Company Law | Date: 12 Aug, 2008 | Hits: 18
Reckitt Benckiser (Bangladesh) Ltd. Vs. Oram Limited, Sale Centre, 2008, 37 CLC (HCD)
....learned District Judge. Mr. Huq lastly submitted that the quantum of the share of the share holding of a company is not the deciding factor for the management and control of the company and the share holder can not have any role to play in the affairs and management of a company and it is the Board ...... of the either of the parties. The office is directed to send a copy of this judgment to the court below immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 238. ..Category: Alternative Dispute Resolution | Date: 13 Jul, 2008 | Hits: 18
A.B.M. Khaliquzzaman and others Vs. United Commercial Bank Ltd. and others, 2008, 37 CLC (HCD)
....005 fixing the Record Date for the AGMs as 25.9.2005. This attempt by the Bank at complying with the SEC directive led in turn to the filing of Matter No.134 of 2005 in which the petitioner shareholder in that case successfully secured an intervention by this Court in restraining the Bank fr......ng up of this Order and to report the compliance thereof within 1(one) week thereafter. There is no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 635. ..Category: Company Law | Date: 11 Jun, 2008 | Hits: 43
Abul Kalam Azad (Md.) Vs. State and another, 2008, 37 CLC (HCD)
.... Metro Sessions Case No. 152 of 2007 pending in the court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka is quashed. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 91. ...... two classes of people, things, another, etc. and in that case also, it represents one class. By any imagination 'any' cannot go beyond one. Law barred in initiating 'any' proceeding in which several cheques have been involved……………………………(12) The Negotiable Instruments Act,..Category: Banking Law | Date: 22 May, 2008 | Hits: 227
....Act. Such license could be
cancelled or suspended under clause (a) when it would deem necessary for
reasons to be recorded in writing for security of the public peace and
under clause (b) when the holder of such license is convicted of an offence
against the Act. Besides, the Government may by n...... ammunition to the petitioner within a period of seven days of receipt of
this order, positively.
Communicate at
once.
Ed.
This Case
is also Reported in: 28 BLD (HCD) (2008) 624.
..
Category: Arms Law | Date: 10 Apr, 2008 | Hits: 10
Bangladesh Institute of Planners Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....nt, substantive, public office, or franchise, or liberty, is called upon to show by what right or authority he holds the said office, franchise or liberty; if an enquiry leads to the finding that the holder of the office has no valid title to it, the issue of the writ of quo warranto ousts him from ......nner in the department. Considering the facts and circumstances of the case, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 494. ..Category: Civil Law | Date: 6 Apr, 2008 | Hits: 49
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ......special law. Consequently, the right of appeal has been curtailed to a great extent. Therefore, the embargo imposed on filing of the appeal by depositing 50% of the face value of the dishonoured cheque according to the newly inserted section 138A of the Negotiable Instrument Act cannot be said ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....on has been spelt out thus in Ramdas Mukhopadhyay Vs. Uday Chand reported in AIR 36 (1949) Calcutta, 228 at paragraph 6, page 229: "The next question which has been urged is that the decree-holder cannot at his option break up the liability without the consent of the judgment-debtors. Ther......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, started Execution Case No.6 of 2001 for realization of that decretal amoun......r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
....r preferring appeal against the Judgment and decree passed by the Bankruptcy Court. Secondly, whether notices/summons were properly served or not or whether the petitioner was a guarantor/a mere shareholder of the borrower company or borrowed money from the bank or not which are disputed question of......ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Bangladesh Vs. Chairman, First Court of Settlement and another, 2007, 36 CLC (HCD)
....al No. 403. The case property is an abandoned property within the meaning of Article 2 of President's Order No. 16 of 1972. The Government controls and manages the case property by allotment to DN holder M. Waziullah by issuing demand note to him. Subsequently, the case property was sold by the ......t. The order of stay granted earlier by this Court stands vacated. Send down the record to the concerned Court. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 153. ..Category: Property Law | Date: 6 May, 2007 | Hits: 5
Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....rties in Civil Revision Case. 4. Petition for addition of party had been hotly contested from the side of petitioners of Civil Revision Case on placing a counter-affidavit raising contentions that holder of power of attorney an petitioners of the petition are fictitious persons and they are not p......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
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