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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)

....r section 138(1) of the Negotiable Instruments Act, 1881, on any frivolous ground or on mere technicality then a lot of payee or beneficiary of the cheques and the financial institutions and the Bank will be at the verge of ruination and the resultant havoc in the transactions, done in ordinary......006, alleging, inter alia, that the complainant and the accused are neighbours and are known to each other. In the course of transaction, money was due to the complainant from the accused. To pay the dues, the accused, on 28-7-2009, gave a cheque for Taka 3, 00,000 drawn on Southeast Bank, Agrabad B..

Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23

Khulna Printing and Packaging Limited Vs. Government of the People's Republic of Bangladesh, 2016, 45 CLC (HCD)

....6615010629 12-7-2015 C 1159394 7-11-2015 Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 197   ......re present dispute has been triggered-off from the noncompliance of the said ad-interim order dated 4-5-2015 by the concerned customs officials, any other demand or adjudication as regards any public dues of the petitioner has not been seen……….(15) Case Referred to- Sa..

Category: Fiscal/Taxation Law | Date: 27 Jan, 2016 | Hits: 0

Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)

....(Annexure-C) should not be declared to have been done without lawful authority and is of no legal effect." 2. The background leading to the Rule, in short is that the respondent No.2-Agrani Bank Limited, Zinda Bazar, Sylhet as plaintiff filed Artha Rin Case No.3/2013 before the Artha Rin A......to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148   ..

Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3

Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)

....cation of all questions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as per the deed executed between the deceased-mortgagor and the Bank, the latter is entitled to....... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81   ..

Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4

Tufail K. Haider Vs. Extra Assistant Commissioner of Taxes and Others, 2015, 44 CLC (HCD)

....sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ......sed without lawful authority and are of no legal effect. Accordingly, and the same are struck down. Communicate this. Ed.  This Case is also Reported in: 68 DLR (HCD) (2016) 105 ..

Category: Fiscal/Taxation Law | Date: 24 Aug, 2015 | Hits: 2

Major General Abdus Salam (Retd) Vs. Bangladesh Election Commission and another, 2015, 44 CLC (AD)

....ng so is that the nomination of the elec­tion-petitioner was cancelled by the Election Commission in the appeals being Election Appeal No.87 of 2003 and Election Appeal No.79 of 2013 filed by the Bank and the respondent respectively which were final. He, therefore, could not make any prayer in t......ispose of the same in accordance with law expeditiously keeping in view the observations made here­inbefore in this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 289 ..

Category: Civil Law, Election Law | Date: 13 Aug, 2015 | Hits: 30

Salauddin Qader Chowdhury Vs. Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh, 2015, 44 CLC (AD)

....onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby main­tained. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 295     ..

Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38

Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)

.... came to know that the original loan amount stood at Taka 43,778 as on 7-12-1981. The petitioner made payment of the entire loan amount to the HBFC by a payment receipt dated 7-12-1981 through Sonali Bank, Khulna Branch. After payment of the entire amount HBFC released the property from mortgage and......e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ..

Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5

Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)

.... importing their readymade garments namely Finix Sweater and started their business, thereafter, to run the business they took loan and opened back to back L/C with respondent No.2, the Social Islami Bank Ltd., Principal Branch, Motijheel, Dhaka for exporting the goods amounting to Taka 3, 29, 00,00......ng to Taka 3, 29, 00,000 (Three Crore Twenty Nine Lacs) but failed to export the same. The respondent No. 2 then filed Artha Rin Suit No. 87 of 2011 against the petitioner for recovery of outstanding dues which stood at Taka 4, 60,03,651.38 upto 29-2-2011. The suit was decreed ex-parte on 31-1-2012 ..

Category: Banking Law | Date: 25 May, 2015 | Hits: 0

Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)

.... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361   ......me tax for the relevant financial year showing his total income which included the aforesaid sum of Taka 3,37,250. In the next financial year the ACC paid out of the petitioner's determined legal dues of Taka 3, 98,250 and a. sum of Taka 3, 24,700 by cheque No. 5187970 dated 21-10-2007 after ded..

Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Dhaka and others, 2015, 44 CLC (AD)

.... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Shafiqul Islam & Others, 2015, 44 CLC (AD)

....ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment. Ed. This Case is also Reported in: ..

Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86

Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)

.... Ali Howlader, 12 DLR (1960), 266; Darap Ali Sadagar Vs. Najir Ahamed, 50 ILR (1923) (Cal) 394; Pethaperumal Vs. Chidambaram, AIR 1954 Mad. 760; Janak Raj Vs. Gurdial Singh, AIR (1967) SC 608; Sonali Bank; Shilpa Bhaban Corporate Branch, Dhaka Vs. Artha Rin Adalat, Narayanganj, 15 MLR (AD) 20; Prem ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..

Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10

Moinuddin Hasan Rashid Vs. Registrar, Joint Stock Com¬panies and Firms and another, 2015, 44 CLC (HCD)

....rescribed by the Com­pany's articles and the Companies Act.................... (13) Case Referred to- Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Singh Sandhu,......upon the hold­ing of such AGM. The cost of this Application shall be borne out of the funds of the Company. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 326   ..

Category: Company Law | Date: 15 Apr, 2015 | Hits: 7

Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)

....try of Planning and Ministry of Information. Accused Md. Hafiz Ibrahim and his wife, the present accused-petitioners on 19-12-2005 in their joint names had opened a bank account in Standard Chartered Bank's Battery Road Branch, Singa­pore being USD Account No. 01-07-416270. On an enquiry, th......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227   ..

Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19

Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)

....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......nnot enter into any form of usufructory mortgage other than 'complete usufructory mortgage/ the period of such mortgage shall be limited to seven years only for realization of the mortgagee's dues from the usufruct of the land transferred by way of mortgage, the document must be registered, ..

Category: Property Law | Date: 14 Mar, 2015 | Hits: 45

Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)

.... DLR 543; Khondaker Mahtabuddin Ahmed Vs. State 49 DLR (AD) 132. Lawyers Involved: None appears—For the Petitioner.  SM Kafil Uddin, Advocate—For the Respondent No. 3-Bank. When Writ petition heard on merit without hearing the peti­tioner— If in a...... same was returned unpaid for insufficient fund. The complainant served legal notice on 18-3-2013 upon the petitioner to pay the amount within 30 (thirty) days. But the petitioner did not pay off the dues. (Annexure-B). 4. The Chief Metropolitan Magistrate, Chittagong after examination of the c..

Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0

Hafizur Rahman Nafor Vs. Secretary, Ministry of Home Affairs and others, Secretary, Ministry of Home Affairs and others, 2015, 44 CLC (HCD)

....chased a single-barrelled gun on 15-12-1998 vide receipt No.1833 dated 15-12-1998. After expiration of the validity of the licence, the petitioner deposited the required sum of Taka 200 to the Sonali Bank, Gopalganj on 23-1-2001 for renewal of the said licence. But all of a sudden, the respondent No......o. 8 cancelling the gun licence of the petitioner is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 20 BLC (HCD) (2015) 279   ..

Category: Constitutional Law | Date: 2 Mar, 2015 | Hits: 23

Ramjan Ali Tarafder (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

....awful authority and is of no legal effect." 2. The back ground leading to the Rule, in short is that the petitioner availed credit facilities of Taka 2 lakh from the respondent No. 2 Rupali Bank Limited, Khalishpur Khulna. The petitioner owned and possessed the same land which was mortgage......t the petitioner. In the result, the Rule is discharged without any order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 245. ..

Category: Banking Law | Date: 22 Feb, 2015 | Hits: 7

Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)

.... to the decree holder is clear from the provisions mentioned under sub-section 6(Kha) and section (7) of section 33…….. (11) Case Referred to- Setara Begum Vs. Al-Arafa Islami Bank, 14 MLR 480 = 61 DLR 791; Atiqullah Vs. Artha Rin Adalat, 16 BLC 486. Lawyers Involved: ...... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ..

Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4