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Younusuzzaman (Badal) Vs. State and another, 2013, 42 CLC (HCD)
....9.08.2008 for encashment to the Dutch Bangla bank Ltd. Narayangonj branch and on both occasion the cheque was dishonoured for insufficient fund. Finding no other alternative, the complainant issued a legal notice according to the provisions of the Negotiable Instruments Act through his learned Advoc...... time of issuance of the Rule is hereby vacated. Communicate a copy of this judgment to the court concern immediately. Borhanuddin J.-I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: 25 Jul, 2013 | Hits: 140
Chow Wen Chang and others Vs. SF Winsome Fashion Ltd. and others, 2013, 42 CLC (HCD)
....n Ltd. and others……………….Respondents Judgment July 24, 2013 Result: The application is allowed Unlawful Gain was Fraudulent and the Illegal Exdebito Justitiae The entire transaction of the landed property was fraudulent......The respondent No.3 is directed to pay cost of Taka 50,000 to petition No.1 and Taka 50,000 to petitioner No. 2 within 30 days. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 584. ..Category: Company Law | Date: 24 Jul, 2013 | Hits: 10
.... and judgment and order dated 13-11-2011 passed by the Judge, Artha Rin Adalat, Jessore in Artha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is that the petitioner as plaint......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sarwar Hossain Moni (Md.) Vs. State and another, 2013, 42 CLC (AD)
....e cheque for encashment through IFIC Bank, Bangshal Branch on 10-6-2008, but it bounced on 15-6-2008 with the endorsement "insufficient fund". Then the complainant through his lawyer sent a legal notice to the accused on 22-6-2008 by registered post with acknowledgement by making demand of......iewed in affirming the judgment and order passed by the High Court Division and accordingly, both these petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 283. ..Category: Criminal Law | Date: 24 Jul, 2013 | Hits: 8
Zahidul Islam (Md.) Vs. Md. Kamal Hossain and another, 2013, 42 CLC (AD)
....uance of the cheque, deposited the same in his account being No.010-7729-0000-1899 of the same bank, but the cheque was returned on the ground of insufficiency of fund. Then the complainant by a legal notice dated 22-4-2007 demanded from the respondent the payment of the amount of the said dish......irected to proceed with the trial of the Sessions case in accordance with law and dispose of the same expeditiously. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 180. ..Category: Others, Procedural Law | Date: 23 Jul, 2013 | Hits: 9
....§āĻĨāĻžāĻ¨āĻžāĻ¨ā§āĻ¤āĻ°āĻŋāĻ¤ āĻĒāĻĻā§āĻ° āĻĒāĻĻāĻ§āĻžāĻ°ā§āĻĻā§āĻ° āĻ¨āĻŋā§āĻŽāĻŋāĻ¤āĻāĻ°āĻŖ āĻ āĻā§āĻ¯ā§āĻˇā§āĻ āĻ¤āĻž āĻ¨āĻŋāĻ°ā§āĻ§āĻžāĻ°āĻ¨ āĻŦāĻŋāĻ§āĻŋāĻŽāĻžāĻ˛āĻž, 2005 and of no legal effect and why the respondents should not be directed to give time scale, selection grade, sen......e benefits to the petitioners counting their service period in the development project.
There will be no order as to costs.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 157
..
Category: Administrative Law, Employment/Service Law | Date: 8 Jul, 2013 | Hits: 3
Zahirul Islam @ Dipu (Md.) Vs. State, 2013, 42 CLC (AD)
....e circumstantial evidence to connect the appellants with the occurrence. In a murder case the court of law would be justified in demanding full satisfaction about the proof of offence before the legality of sections 302/34 can be used. Before recording conviction the court has to give specific ......f the Penal Code. The respondent is directed to set them at liberty at once if they are not wanted in any other case. Ed. This Case is also Reported in: 20 BLC (AD) (2015)129. ..Category: Criminal Law, Evidence Law | Date: 20 Jun, 2013 | Hits: 3
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....ed 24-11-2010 passed by the Joint District Judge, in Miscellaneous case No. 129 of 2008 allowing the application and thereby rejected the pre-emption case. The present petitioner challenging the legality and propriety of the impugned order dated 24-11-2010 preferred the instant revisional appli......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4
Wadud Mollah (Md.) Vs. Md. Nayem and Another, 2013, 42 CLC (AD)
.... repeatedly reminded the High Court Division that the ultimate object of the criminal justice delivery system is to ensure the law and order in the society and one of the ways to do is that to impose legal sentence to an offender, and if the power of pre-arrest bail is exercised indiscriminately it ......h the above observations. Let a copy of this judgment be communicated to the learned Judges of the High Court Division. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 93. ..Category: Criminal Law | Date: 17 Jun, 2013 | Hits: 3
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
..... 1 and 2 as plaintiffs instituted Title Suit No.105 of 1993 in the Court of Senior Assistant Judge, Nalchity, Jhalakati for declaration that the decree passed in Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the s......granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 476. ..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
Moulana Development Co. Limited Vs. National Board of Revenue and others, 2013, 42 CLC (HCD)
....§āĻ¤āĻ¨/āĻ¸āĻž-ā§¨ā§Š/ā§§ā§§ āĻ¤āĻžāĻ°āĻŋāĻ 15.7.2012 (Annexure-D) isued by the Deputy Commissioner of Taxes Circle-23 (Companies) Taxes Zone-2, Chittagong respondent No. 3 should not be declared illegal without lawful authority and is of no legal effect and/or such other or further order or order......t relates to the previous assessment years other than the current assessment years. However, there shall be no order as to costs. Mohammad Ullah J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 12 Jun, 2013 | Hits: 86
Golam Rasul Belal Vs. Habibullah Shakir and another, 2013, 42 CLC (AD)
....hment must be treated as rarest of rare cases so that it can't scuttle or burry a prosecution case on flimsy and unfounded reasons. when the complainant stated that he had served a legal notice within 15 days from the date of the receipt of information of the return of the cheque,......t, 1881, now pending in the Court of Metropolitan Magistrate, Dhaka shall proceed in accordance with law. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 58. ..Category: Criminal Law | Date: 11 Jun, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... dishonoured cheque whatever may be the allegations, because such a device shall totally make the section itself nugatory. However, if a holder or the payee gets hold of a dishonoured cheque by any illegal means as alleged in the instant case, the drawer of the cheque shall have the liberty to take ......ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
Grameen Telecom Vs. Commissioner of Taxes, 2013, 42 CLC (HCD)
....e Tax Reference Application accordingly formulating the following questions, seeking opinion from this court; 1) Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in dismissing the appeal without affording an opportunity of the applicant to conf......o be admitted and heard on merit by the Commissioner of Taxes (Appeal), immediately. However, there shall be no order as to costs. Mohammad Ullah J. -I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: 5 Jun, 2013 | Hits: 86
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....itioner (Annexure-E), and the order of rejection of bail of the petitioner dated 27-9-2012, passed by the same Adalat (Annexure-B), should not be declared to be without lawful authority and are of no legal effect. Short facts, relevant for the disposal of the Rule, are that the Eastern Bank United, ......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....aving behind only son Gabriel Rosario alias Gabu Rosario whose name has been rightly recorded in SA 181 and RS Khatian Nos.92 and 93. Gabriel Rosario died leaving behind 3 sons and 3 daughters as his legal heirs and the plaintiff got 31, 25 decimals of land including the suit land on amicable partit......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....isions on ex-parte hearing and disposal. In the present case, the court having assumed jurisdiction to proceed with the case ex-parte under section 10(1) of the Ain there resultantly remained no legal sanction for the petitioners to further additionally opt to take recourse to 1 section 19 of t......charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....this petition
are that the respondent No.1 as plaintiff filed original suit No.313 of 2005
praying for a declaration to the effect that the Letter dated 12-6-1999 issued
by the defendant No.1 is illegal, improper, unjust and out of jurisdiction and
the recommendation Letter dated 26-7-2000 regar......cordingly disÂposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Hasan Chowdhury (Md.) Vs. Bangladesh Bank and others, 2013, 42 CLC (HCD)
....5042 dated 24-4-2012 for an amount of Taka 1,08,50,000 only along with up-to-date interest @ 18% per annum till recovery, shall not be declared to have been made without lawful authority and is of no legal effect and further, as to why the respondent Nos. 1-5 shall not be directed to take appropriat......nd also to communicate the compliance of our direction to the Registrar of the Supreme Court without any fail. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 533. ..Category: Banking Law | Date: 2 May, 2013 | Hits: 3
Sheikh Shahadat Hossain (Md.) Vs. National Board of Revenue, and others, 2013, 42 CLC (HCD)
....of the said Act, thereby entitling the appellants to prefer the aforesaid appeals before the High Court Division against the same under section 196D of the said Act. Considering the importance of the legal issues involved and divergence of opinion prevailing at the Bar on the same, we have requ......vision in view of sub-section (3) of Section 196G of the said Act. Send down the record of the lower authority. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 522 ..Category: Fiscal/Taxation Law | Date: 25 Apr, 2013 | Hits: 2
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