High Court Division :(Criminal Miscellaneous Jurisdiction) ANM Bashir Ullah J Mustafa Zaman Islam J Farook (Md) alias Kazi Farook and others….Accused-Petitioners vsState………….Opposite-Party. Judgment October 16th, 2018 Code of Criminal Procedure (V of 1898) Section 561A A criminal case can only be quashed before trial if from the prosecution case itself did not disclose any offence or crime by the accused or if the initiation of the proceeding and continuation of the same is found barred by any law…………………………….(1)None appears-For the...
Mosharaf Hossain :A bank’s prime source of earning is lending of its depositors’ money in the form of loans or advances, which are expected to come back with stipulated interest within the validity of the loan as per sanction terms and conditions. With this aim of earning, bankers create honeyed relation with borrowers and customers potential to be borrowers. The degree of sweetness progresses and deepens till the repayment of bank’s loan continues. Such interest servicing borrowers are treated as...
Appellate Division (Civil) :Md Abdul Wahhab Miah J Nazmun Ara Sultana JMd Imman Ali JMd Nizamul Huq JOriental Bank Ltd (formerly Al-Baraka Bank Limited)…..…………………………..Petitioner vsExport Import Bank of Bangladesh Ltd and others ……………….Respondents Judgment December 1st, 2016 FraudAny allegation of fraud has to be proved strictly by adducing evidence… (10) Zyta Garments Ltd vs Union Bank Ltd., 55 DLR (AD) 56 ref.M Fida M Kamal, Senior Advocate, instructed by Md Zahirul Islam, Advocate-on-Record-For the PetitionerM Anwarul Azim Khair, Advocate, Instructed...
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...
(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...
Taimur Alam Khondaker :Money Laundering is a white collar crime as wells it is an organized crime which is going...