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Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......y by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)
....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......etitioner along with 3 others contested the election for the post of Chairman of Jhalakathi Pourashava held on 09.05.2004. It has further been stated that respondent No.7 (appellant) is a Bank loan defaulter but concealing the fact, he participated in the said election in violation of ..Category: Election Law | Date: 15 Mar, 2005 | Hits: 168
....f apartments; the appellant No.2 in violation of the Article 53(d) opened Account No. 33004229 with Al-Arafa Islami Bank in the fictitious name of K Alam and, since then all further transactions were carried out through the aforesaid account (Annexure-C, C-1, C-2 and C-3 of the application) and the ......ounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower but are disbursed directly to the sup..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS from Tayebuddin Biswas,..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter. 7. We have carefully considered the submissions of the learned Advocates and perused the grounds taken in the a......p;.....(6) One person may have to bear civil as well as criminal liability for the same occurrence As because there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not create any ba..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
...., whatever is submitted, are generally found not in the form required by law. Who will then prove the case of the bank!
36. Conduct of the cases on behalf of the bank by the lawyers is really precarious, hopeless and without any application of mind; may be, for their inexperience, ignorance and......istered limited company and defendant Nos.2 to 4 were its directors. Of them, defendant No.2 was the Managing Director. Defendant Nos.4 and 5 mortgaged schedule ‘Kha’ property against the loan taken by defendant No.1, and also along with defendant Nos.2 and 3 executed bank guarantees.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....was on the date of its execution and the same was not held with the plaintiffs. Therefore, we are unable to accept the submission made by Mr. MI Farooqui in this case. The learned trial Court did not carefully look into the evidences and consider the provision of section 22 of the Specific Relief Ac......t Taka 69,00,000. Respondent Nos.1 and 2 by cheque paid him Taka 17,00,000 as the earnest money and the appellant agreed that on obtaining permission from the DIT (at present RAJUK) and by paying the loan of the House Building Finance Corporation he will execute and register the sale deed within 3 m..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....bank. The bank did never deny the seal. Nor any step was taken to prove the seal forged. The plaintiff deposited her original deeds in trust with the bank. The bank was required to take utmost, care in dealing with such security, particularly in making further charge on the deeds Admittedly, ......plaintiff filed Title Suit No. 208 of 1997 renumbered as Title Suit No. 197 of 2001 against the petitioner bank for a declaration that the plaintiff had no liability to the petitioner bank for any loan amount, the so-called Memorandum of Deposit of Title Deed dated 17‑3-1988 was forged, conc..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
....1996 with the officer‑in‑Charge of Gazaria Police Station stating, inter alia, that on the night following 14‑8‑1996 the accused petitioner took his son victim Tareq, in his car on the plea of dinner in a Chinese Restaurant but Tareq did not return home in the night and on...... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......our months of the petitioner's application on 25th June, 1995 for revolving LTR, the respondent bank sanctioned the revolving LTR for a sum of Taka 40 lac against further security to cover the forced loan created in respect of the goods auctioned earlier. The petitioner had already repaid the respon..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
....he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
...... section 22 (2) of the Act was not issued, or that the defendants did not commit any act of bankruptcy, that notice under section 9(1)(Jha) was not issued or that the defendants are able to repay the loan or they are not defaulters. The learned Judge further found that the contents of the petition f..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
.... Court Division do not call for any interference. In the result the appeal is dismissed without any order as to costs. Ed This Case is also Reported in: 57 DLR (AD) (2005) 31. ......rties clause 1.1 of the guidelines is quoted as under: Clause 1.1The purpose of these guidelines is to inform rights those arising out of a project that is financed in full or in part by a loan from the International Bank for Reconstruction and Development (IBRD) on a credit from the Inte..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ...... defendant (Md Nurul Huq) had sold his valuable property and misappropriated the sale proceeds and also inserted into the deed of power of attorney a recital to the effect that he had allegedly taken loan of Taka 4,50,000 from the defendant and his son‑in‑law and the notice of the revoca..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
.... to Ice factory attached to IWTA ghat No. 4; Monir accordingly accompanied by Mohammad Ali, Khalid Hossain started for IWTA ghat No. 4 as per instruction of accused Ershad Ali Sikder in his private car No. Dhaka Metro GA 039171, "Abul" was the driver of the car. "Chayan" star......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......Nos. 1 (a) to 1 (c), contested the suit by filing written statement denying the material averments made in the plaint and contending, inter alia, that he constructed a two‑storied house upon taking loan from the House Building Finance Corporation (HBFC) and that he resides in the ground floor, tha..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....ernment on April 24, 1981, that land measuring 1002 square yards situates to the east of the said market and the same, as asserted in the plaint, was described in the Master Plan as car park and the shop owners of the market are using the said land as car park for the last 20/25 ye......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
....ioner as an industry.
In view of the discussions made hereinabove we find no substance in the petition.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:
......and the same is not a profit making organisation. It was also the contention that fund of the organisation is generated by donation from different Foreign Agencies and organisations as well as by the loan advance by the Government. It was the further contention since the petitioner is not an 'indust..
Category: Employment/Service Law | Date: 17 Jan, 2004 | Hits: 120
Director General, BWDB and others Vs. BJ Geo Textile Ltd and another, 2003, 32 CLC (AD)
.... Division in Writ Petition No. 1900 of 2003 making the Rule absolute are hereby set aside and the Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:......wful authority and of no legal effect and direction was given for re‑tender. 2. The writ‑petitioner respondents filed the writ petition on the averments, inter alia, that pursuant to a grant of a loan from Asian Development Bank toward the costs of Jamuna Meghna River Erosion Mitigation Project ..Category: Others | Date: 10 Dec, 2003 | Hits: 261
Ershad Ali Sikder (Md) Vs. State, 2003, 32 CLC (AD)
....edure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 320 The victim survived for weeks in the hospital due to intensive care and treatment after sustaining injury caused brutally upon him and thereafter succumbed to inj......ials on record has arrived at the correct decision. For the reasons and discussions made above the leave petition is dismissed Connected Jail Petition No. 7 of 2003 is also rejected. Ed. ..Category: Criminal Law | Date: 9 Dec, 2003 | Hits: 122
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....nd there being nothing in Article 102(2) of the Constitution to preclude the High Court Division from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it, the High Court Division......they submitted a plan to the RAJUK for its approval to construct a 4‑storied building and the same was duly approved by the RAJUK, that they could not start construction since their application for loan was not processed by the House Building Finance Corporation, that as per terms of clause 3 of t..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
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