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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....trial court. 11. We have noted that in 57 DLR 603, (Khalilur Rahman Vs. Md. Habibullah) in that case a Bench of this Division has held that; "'Refer to drawer' as per banking parlance means cheque has been returned for want of funds in the account of the drawer. ......n J Kashefa Hussain J Ahmad Ullah………………………………………Appellants Vs. Md. Younus and Others…………………………Respondent......e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
....pondent customs authorities to release the imported raw materials of the petitioner under different L/Cs as mentioned in paragraph Nos.12 and 15 of the said writ petition subject to the furnishing of bank guarantees by the petitioner to be kept till realization of the export proceeds in respect, of ......
......6615010629
12-7-2015
C 1159394
7-11-2015
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 197
..
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)
....een disregarded in such a manner without any subjective or objective consideration whatsoever which leads to absurdity and absolutely without any lawful authority. 6. The learned counsel for the bank has tried to impress upon us that the petitioner should have filed appeal under section 19......016) 148 ......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)
....Note provided in section 4 of the Negotiable Instruments Act, 1881 which is as under: "Promissory Note"-A "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay o......urshid Alam Sarkar J Turfatur Ain Chowdhury…………………………………Petitioner Vs. Artha Rin Adalat Dhaka and Others………………Respondent Judgment August 25, 2....... 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)
....cy of the said revisional application, it is alleged that, the Commissioner secured issuance of pay orders in favour of the government exchequer for an amount of Taka 1, 20, 59,999 from the concerned bank of the petitioner under section 43 of the said Ordinance. According to the petitioner......Deb Choudhury J Tufail K. Haider…………………………...................Appellants Vs. Extra Assistant Commissioner of Taxes, and Others……………Respondent Judgment August 24, 2015 ......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)
....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 ......b Miah J Nazmun Ara Sultana J Md. Imman Ali J Hasan Foez Siddique J Major General Abdus Salam (Retd)........Petitioner (In both cases) Vs. Bangladesh Election Commission and another…………...Respondents (In both cases) Judgment August ......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 along with some of his accomplices led the Pakistani Army and attacked Unsattur para, a Hindu populated area, under PS Rawjan and brought the local Hindu people to the bank of the pond behind the house of Shatish Mohajan telling them to attend a peace meeting, and aft..............................Appellant
Vs.
Chief Prosecutor, International Crimes Tribunal, Dhaka, Bangladesh........Respondent
Judgment
July 29, 2015.
Result:
The conviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
......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)
....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 ......sdiction) Present: Zubayer Rahman Chowdhury J Mahmudul Hoque J Shamsun Nahar Begum Shelly………………. Appellants Vs. Bangladesh and Others……………………………&h......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)
....n clear violation of section 33(1) read with section 48 of the Ain, 2003. 5. By filing an affidavit-in-opposition Mr.Shahjada Al-Amin Kabir the learned counsel appearing for the respondent No. 2 bank opposes the rule. 6. Mr. Shahjada Al-Amin Kabir the learned counsel mainly contends that t......¿à¦¬à¦¸) should be taken into consideration. Even the Court in which the Judge-in-charge is sitting temporarily this section applies in verbatim, That is to say absolutely in terms of the law as it stands. ......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
....er with the victim and they also saw the deadbody of the victim immediate after of his departure from the room. P.Ws.3 and 4 also saw the petitioner who was talking with co-accused Mozibur beside the bank of the pond of dwelling house, where the victim was raped and killed. The medical evidence prov......eme Court
Appellate Division
(Criminal)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others …………………&......first decree murder. In James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280, the offenders were convicted of the first degree murder in view of their participation in an armed robbery of a food store. In the course of committing the crime a cashier was killed and a customer w..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
....r with the victim and they also saw the dead body of the victim immediate after of his departure from the room. P.Ws.3 and 4 also saw the petitioner who was talking with co-accused Mozibur beside the bank of the pond of dwelling house, where the victim was raped and killed. The medical evidence prov......llate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................Appellant (In Civil......first decree murder. In James Tyone Woodson and Luby Waxton Vs. State of North Carolina, 428 US 280, the offenders were convicted of the first degree murder in view of their participation in an armed robbery of a food store. In the course of committing the crime a cashier was killed and a customer w..
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)
....ight as Auction Purchaser for Valuable Consideration— Once the auction is complete no relief is available against such auction sale but the mortgagor any proceed against the mortgagee bank for compensation if it is proved that there was illegality in the auction sale...... (24) ......DLR (HCD) (2015) 287. ......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
....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
......Court Division
(Statutory Original Jurisdiction)
Present:
Syed Refaat Ahmed J
Moinuddin Hasan Rashid.................Petitioner
Vs.
Registrar, Joint Stock Companies and Firms and another.........Respondents
Judgment
April 15, 2015.
Result:
The a......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)
....mentary Standing Committee of Ministry 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 ......ent: Surendra Kumar Sinha CJ Nazmun Ara Sultana J Syed Mahmud Hossain J Hasan Foez Siddique J Mafruza Sultana.................................Petitioner Vs. State and another...............................Respondents Judgment April 12, 2015 Result:......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
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
..... The said company availed credit facilities of the respondent No. 3 Sonali Bank Limited, Agrabad Corporate Branch, Chittagong and failed to adjust its loan liability. The respondent No.3 Sonali bank on 8-10-2013 instituted Artha Rin Suit No. 308 of 2013 before the Artha Rin Adalat, First Court......ial Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Aminul Karim (Md.)....................................Petitioner Vs. Government of Bangladesh and others............ Respondents Judgment March 9, 2015. Result: The Rule is d......r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
....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
...... Original Jurisdiction)
Present:
Moyeenul IslamChowdhury J
Md. Ashraful Kamal J
Hafizur Rahman Nafor...................Petitioner
Vs.
Secretary, Ministry of Home Affairs and others.........Respondents
Judgment
March 2, 2015.
Result:
The ......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)
....for the purpose of section 12 of the Ain even when read with subsection 4, is not at all mandatory rather it is directory— Before institution of any suit against any borrower the bank shall have to arrange for an auction sale of the property mortgaged by any borrower. It is a pr...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Kashefa Hussain J Ramjan Ali Tarafder (Md.).......................Petitioner Vs. Bangladesh and others...... ...............Respondents Judgment February 22, 2015. &......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)
....zes the mandatory nature of the 1st auction in view of subsections (1), (2), 2(Ka), 2(Kha), 2(Ga) and (3). Thus, once the 1st auction is done and it fails for any reason, the decree-holder bank will be at liberty to either proceed for the 2nd auction and then for conferment of right ......ision (Special Original Jurisdiction) Present: Sheikh Hassan Arif J Mustafa Zaman Islam J Mosharaf Hossain (Md.)..........................Petitioner Vs. Bangladesh and others...... …………………..Respondents Judgment...... 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
...., to avoid unnecessary repetition, the facts of the cases are summarized together as under:-
The assessee-applicant—Islami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on bankin......dent (In all the cases)
Judgment
January 11, 2015
Result:
The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favou...... Supreme Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
Ed.
This Case is also Reported in:
..
Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 1
Islami Bank Bangladesh Limited Vs. Commissioner of Taxes, 2015, 44 CLC (HCD)
...., to avoid unnecessary repetition, the facts of the cases are summarized together as under:- The assessee-applicant—Islami Bank Bangladesh Limited (hereinafter stated as the assessee) is a banking company incorporated under the Companies Act, 1913. The assessee has been carrying on bankin......dent (In all the cases) Judgment January 11, 2015 Result: The question (a) to Income Tax Reference Applications No. 20 of 2005, 21 of 2005, 22 of 2005, 23 of 2005, 24 of 2005 and 156 of 2006 formulated for determination is answered in the affirmative in favou......Court of Bangladesh, is directed to take steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J.- I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 11 Jan, 2015 | Hits: 58
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