High Court Division :(Criminal Revisional Jurisdiction) Md Nazrul Islam Talukder JKM Hafizul Alam J Habibur Rahman (Md)… Complaint-Petitioner vs Md Showkat Ali and Others…Opposite-Parties JudgmentJanuary 27th, 2019Code of Criminal Procedure (V of 1898) Section 241A There is no scope to discharge the accused at the time of charge hearing accepting the prosecution version when prima-facie case is disclosed. The disputed question of facts, the defense version of the accused, defense materials and prima-facie case only be proved/disproved/discarded at the time of...
Negotiable Instruments Act, 1881: Managing Director is responsible for acts done in the company name
(From previous issue) :17. We have considered the facts, relevant provisions of Section 138 and 141 of the Negotiable Instruments Act and the decisions cited above we are of the view that computation of 30 days for issuance of notice shall start running excluding the date of dishonoured cheque and in a similar way “within 30 days of the date of the receipt of the said notice” used in Section 138(1)(c) of the Negotiable Instruments Act, necessarily implies that the...
Negotiable Instruments Act, 1881: Managing Director is responsible for acts done in the company name
High Court Division :(Criminal Miscellaneous Jurisdiction) AKM Abdul Hakim J SM Mozibur Rahman J Didarul Alam ………..Petitioner State and others……..Opposite-Parties. JudgmentMarch 28th, 2017Negotiable Instruments Act (XXVI of 1881) Section 140 A company being a juristic person, all its deeds and functions are the result of the acts of Managing Director. A Managing Director of the company is responsible for acts done in the name of the company. The accused-petitioner was Managing Director of the company at the time of offence...
High Court Division :(Criminal Miscellaneous Jurisdiction) Obaidul Hassan J SM Kuddus Zaman J Mujib-ud-Doula Bhuiyan(Md). Accused-Petitioner vsState and another……Opposite-Parties JudgmentDecember 12th, 2018 Code of Criminal procedure (V of 1898) Section 561A It is well settled that a criminal proceeding can be quashed even at an initial stage if from a reading of the complaint or FIR and police report no criminal offence is disclosed or if the same discloses a civil liability. (8) Code of Criminal Procedure (V of 1898)...
Appellate Division (Civil) :Syed Mahmud Hossain CJ Muhammad Imman Ali J Hasan Foez Siddique J Mirza Hussain Haider J Trading Corporation of Bangladesh……………………….PetitionerVsTrio Hologram Industries Ltd….……………… Respondent. Judgment April, 12th, 2018 Security Money Mere breach of contract would not entitle a party to forfeit the entire amount of security money. The amount of forfeiture should be commensurate to the losses suffered by the party not at fault. The petitioner by its conduct indicated that it would accept giving lower price to 10%...
High Court Division :(Statutory Original Jurisdiction) Md Rezaul Hasan J Shamsul Haque Chowdhury … Petitioner vs Chittagong Abahoni Limited and others…….Respondents. Judgment December 4th, 2017 Companies Act (XVIII of 1994) Section 81(2) The entire period of delay that has occurred in holding the AGM of the company is hereby condoned on condition that only the person who was member of the club before 5-6-2016 shall be entitled to receive notice, attend the meeting and to vote in the AGMs. The...
(From previous issue) :11. For prosecuting a person for an offence under Section 138 of the Act, it is inevitable that the cheque is presented to the banker within a period of six months from the date on which it is drawn or within the period of its validity whichever is earlier. When a post-dated cheque is written or drawn, it is only a bill of exchange and so long the same remains a bill of exchange, the provisions of...
Taimur Alam Khondaker :Money Laundering is a white collar crime as wells it is an organized crime which is going...
(From previous issue)2. Leave was granted to consider as to whether a commercial bank can file a case under Section 138 of the Negotiable Instruments Act (in short, the Act) in respect of dishonour of a post dated cheque taken from a borrower despite taking collateral security from the borrower .. 3. The leaned Counsel for the appellants/petitioners submits that the commercial banks are not entitled to file a case under Section 138 of the Act in respect of dishonour...
Appellate Division :(Criminal) Md Abdul Wahhab Miah J Syed Mahmud Hossain J Hasan Foez Siddique J Mirza Hussain Haider J Alauddin (Md) …Appellant vs State, represented by the Deputy Commissioner, Chittagong and others….RespondentJudgment October 24th, 2017 Negotiable Instruments Act (XXVI of 1881) Section 138 Any alteration without the consent of the party who issued the cheque rendered the same invalid. However, question of issuance of blank cheque and fraudulent insertion of larger amount than actual liabilities is a question of...
High Court Division :(Special Original Jurisdiction)Mohammad Ullah J Gobinda Chandra Tagore JJudgmentApril 30th, 2019Nirmal Chandra Nath………PetitionervsGovernment of People’s Republic of Bangladesh represented by the Secretary, Ministry of Religious Affairs, Bangladesh Dhaka and 14 (fourteen) others. ……..Respondents Constitution of Bangladesh,1972 Article 102(2) The control and management of the Mandir /Temple/Biggrah i.e. the place of worship shall be retained with the descendant of the founder. The properties dedicated to the purpose of management of the Mandir also belongs to the deity/deities. If...
Taimur Alam Khandaker :Back ground: That Bangladesh is a thickly populated land where near about 20 crore people are inhabitant...
