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Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......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
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....…………Opposite Parties Judgment July 27, 2004. Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de f......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....g Port Authority to permit erection and maintenance of private docks. The Chittagong Port Authority entered into the agreement with the CUFL and KAFCO on 01-01-87 and 24-07-94 regarding operation and realisation of berth hire charges of their own Jetties. The location of those Jetties are within the......equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....li. 9. Mr. Rafique‑ul‑Huq, the learned Counsel appearing for the plaintiff-respondent No.1, has, however, submitted that the Artha Rin Adalat Suit No. 147 of 1992/133 of 2000' being a suit for realisation of the loan amount in which the plaintiffs property has been illegally shown to be the......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
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... the petitioner is the proprietor of Messrs Jamil Trading Company. The respondent No.2 being plaintiff filed Mortgage Suit No.26 of 2001 on May, 2001 against the petitioner and his two guarantors for realisation of Taka 42,96,879 as on 30th April, 2001. The petitioner in course of his business at on......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)
....to the price adjustment of Taka. 17,197,986 plus US$ 136,125 to the appellant. On 25th September 2000 the appellant submitted an Invoice and Bill of Exchange for Taka 22,930,648 plus US$ 1,81,501 for realisation of the said amount. But the respondents have failed to take any steps for claiming the s......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
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
....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
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
.... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......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
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....learned Counsel appearing for the respondent, submitted that in view of the award dated 12‑8‑1997 for the decretal amount of Taka 1,37,66,309 to be paid within one month, in default of realisation to be saddled with simple interest at the rate of 16% and the said amount having been m......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
....avour and as security of the above loan, the petitioner made equitable mortgage of his properties and though he made substantial payment the respondent No.2 filed Title Suit No.88 of 1993 praying for realisation of Taka 61,69,201 by sale of the mortgaged properties and on 31‑8‑1997 preliminary d......was issued against the petitioner, fixing the next date on 30‑4‑2003 for execution and return of warrant.
2. The case of the petitioners is that he applied to the respondent No.2 blank for a loan of Taka 50,00,000 and he, having deposited the margin amount of Taka 15,00,000 was granted in h..
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ...... (XXIV of 1881) Section 138 All the requirements of law are available in this case to bring the offence under section 138 of The Negotiable Instruments Act as the convict-respondent admitted the loan, issuance of cheques by him and those cheques being dishonoured. The Code of Criminal Proc..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....n of Taka 7,49,12,071 (Taka seven crore forty‑nine lac twelve thousand seventy‑one) only within three months from the date of drawing of this order with interest at the rate of 7.5 till realisation. (2) The petitioners 1 to 7 are directed to sign instr......ourt Division in the company matter, we do not find any reason to grant leave against the said judgment. The petition is therefore, dismissed and the delay is condoned. Ed. ..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....the challenges, we do not find any illegality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. ......he State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgaged to “H Dey Jewellers” by different customers on different dates for loans taken by them. 3. A petition for succession certificate was filed earlier as Mis..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
..... The Artha Rin Adalat, hereinafter in brief, the Adalat, made the aforesaid direction upon observing that in the absence of selling the hypothecated goods pawnee is not entitled to file the suit for realisation of his claim due from the pawnor. 3. Plaintiff‑appellant file...... the suit for realisation of his claim due from the pawnor. 3. Plaintiff‑appellant filed aforementioned money suit stating, inter alia, that respondent Nos. 2 and 3 availed loan facilities from the plaintiff and that respondent No. 4 stood guarantor for the repayment of th..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).
.... to the leave petition are that the respondent, Union Bank Ltd. Karachi Branch, as plaintiff instituted Money Suit No. 55 of 1999 against the defendant National Bank Ltd 18, Dilkusha C/A Dhaka for realisation of money amounting to Taka 26,06,933 before the learned Subordinate Judge, 5th Court, D......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169
Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).
.... The Arbitration Act, 1940 (X of 1940), Section 29 The Arbitrator has no jurisdiction to grant interest on the awarded amount till realisation in the absence of any agreement. The Court has jurisdiction in its......as aforesaid with interest at the bank rate till realisation. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 139. ..Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223
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