Single notice for several dishonoured cheques is not acceptable

Abul Kalam Azad vs. State     Reference : 61 DLR (2009) 91 Facts : At the instance of the accused petitioner Abul Kalam Azad this rule is issued for quashing the proceedings of Metro Sessions Case No. 152 of 2007 arising out of CR case No. 2947 of 2006 under section 138 of the […]

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‘Reasonable Expectations of Honest Men’ should be Protected in Insurance Law?

Abstract This article aims to define the doctrine that “reasonable expectation” (“RE”) of an honest man must be protected and explore its necessity in the common law countries. This article would include a comparative critical analysis on whether existing common law mechanisms are self-sufficient to protect the policyholders’ rights who are in a less advantageous […]

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Jurisdiction of Local Court when the seat of Arbitration has not been determined

CASE STUDY SILKWAYS CARGO SERVIECS LIMITED vs MALAYSIAN AIRLINES SYSTEM AND OTHERS   Reference: 1 LCLR [2012] HCD 402   Brief Statement of Facts: The present case arose when the Respondent, Malaysian Airlines System, refused to renew the General Sales Agent (GSA) Agreement of the Petitioner, Silkways Cargo Serviecs Limited. Under the Agreement the renewal […]

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Disputed question of facts should be decided in trial not Writ

Shamsul Alam vs. State Reference : 60 DLR (2008) 677 Facts : The opposite party no. 2 as complainant filed a petition of complaint against the accused petitioner stating that the accused took loan for taka 5,00,000 from him to pay the same in time. Accordingly the accused issued a cheque for the said amount […]

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Saipem vs. Bangladesh-A Complete Study

Saipem S.p.A. vs. The People’s Republic of Bangladesh (Saipem vs. Bangladesh) Reference : ICSID Case No. ARB/05/07. Background : Saipem S.p.A. (an Italian oil & gas company) and Petrobangla (Bangladeshi Oil, Gas & Mineral Corporation), a Bangladeshi Public entity, entered into an agreement for building a natural gas pipeline in Bangladesh; which was governed by the […]

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Case Law: Civil Suit is no bar in filing criminal case under sec 138 of the NI Act

Arifuzzaman vs. the state and another Reference : 18 MLR (AD) (2013) 251 Facts : Md. Arifuzzaman, the accused, issued a cheque in favour of respondent no. 2 for an amount of tk. 20,00,000(twenty lacs only) out of the business relationship and for insufficiency of fund the cheque was dishonoured. Under sec.138 of the Negotiable […]

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