Search Options
Judgment Advanced Search
Displaying 201-220 of 3089 results.
Manager, Rupali Bank Ltd. Vs. M/S New Music Corner and another, 2011, 40 CLC (HCD)
....t record. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......purchased goods and kept those in a godown under control and supervision of the bank. On different dates the defendant sold the goods from the godown with the permission of the bank and deposited the sale proceed with the bank. Thereafter, on 15.12.1988 the period of renewal of the loan expired, the......l Tk. 12,00,000/- in favour of the plaintiff. The defendant No.2 became the guarantor of the said loan and mortgaged his property mentioned in the schedule of the plaint with the bank by a registered deed. In the sanction letter it was stipulated that the defendant would repay the loan money with th..Category: Banking Law | Date: 18 May, 2011 | Hits: 209
Major (Retd.) Rafiq Hasan Faruq Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....smissed due to default of the Bank to publish auction notices in two daily news papers. Thereafter the decree holder Bank instituted the present Artha Execution Case No.682 of 2005. 4. Pending the execution case, the petitioner filed an application under Order 21 rule 83 of the Code Civil Procedu......in on the ground that property is a mortgaged one. 13. We have examined the provision of Order XXI rule 83 of the Code which runs as follows (under lines added): "83. (1) Where an order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that there is......rther submitted that, the Ain, 2003 is a self contained law with adequate provisions for execution of a decree. He put emphasis on the fact that since petitioner has authorised the Bank by registered deed with irrevocable power of attorney to sell the mortgaged property as the security for repayment..Category: Banking Law | Date: 16 May, 2011 | Hits: 179
....n.
The principle expounded in the case of Bangladesh Legal Aid Services Trust and others Vs. Bangladesh and others, (2011) 63 DLR (HCD)01, that extra judicial punishments including in the name of execution of Fatwa are ultra vires the Constitution is correct exposition of law.
In exercise of......authorized, is maintained.
No order as to costs.
This Case is also Reported in:
......eil cannot smog and delude their conscience. They ought to rise to the occassion when the Constitution is violated or fundamental rights are endangered or even threatened. In the instant case, they indeed did, they rose to the occassion, they issued the Rule suo moto.
67. What else could they d..
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Rupali Bank Ltd. Vs. Sree Babu Jiban Kumer Shaha, 2011, 40 CLC (HCD)
....aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......aintiff. Send down the lower court records along with a copy of this judgment immediately to the court concerned. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ....... The plaintiff bank asked the defendant to mortgage some property and accordingly the defendant mortgaged the .05 decimals of land mentioned in the schedule of the plaint to the bank by a registered deed dated 10.06.1987. After observing all formalities the bank sanctioned a loan in favour of the d..Category: Banking Law | Date: 11 May, 2011 | Hits: 210
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ......ant Nos.1-4 might have transferred those shares in favour of defendant No.7 beyond the knowledge of the plaintiff and the defendant No.7 might have procured transfer certificate for getting the share sale certificates issued in the name of plaintiff. The defendant No.7 with a view to get those share......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....and for any non-payment of such dues causing maritime lien, the res itself is liable for the realization of the claim of the plaintiff and therefore the defendant No. 1 vessel is liable to be sold in execution of the prospective decree to be granted in favour of the plaintiff. 52. The learned ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ...... months the plaintiff appointed his clearing agent to submit the bill of entry on 3-5-1993 which shows a clear latches on the part of the plaintiff as in the meantime the cargo was listed for auction sale under the provisions of Section 82 of the Customs Act 1969. The alleged short supply of the car......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Md. Jahir Uddin and others Vs. Md. Molin Ali and others, 2011, 40 CLC (HCD)
.... dated 23.11.2004 passed by the Assistant Judge, Gobindaganj, Gaibandha in Other Class Suit No.8 of 1997 is maintained. Send down the lower Court records. Ed. This Case is also Reported in: ......r sister Sayera Khatun, who inherited the said land. The defendants did not dispossess the plaintiffs from the suit land on 10.1.1993 as alleged. Meher Mondal purchased the suit land by the aforesaid sale deed No. 7374 dated 22.5.1967 from Farek Uddin and by sale deed No. 2494 dated 10.2.1969 from F...... instituted Other Class Suit No.8 of 1997 before the Assistant Judge, Gobindaganj, Gaibandha for declaration of title and recovery of possession over the suit land with a further declaration that two deeds being No.7374 dated 22.5.1967 and No.2494 dated 10.2.1969 are illegal, collusive and not bindi..Category: Property Law | Date: 31 Mar, 2011 | Hits: 68
GK Brothers and another Vs. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)
.... the following issues for determining the matter in controversy between the parties:— i) Whether the defendant decree holders have waived their right to proceed on with the other execution case No.20 of 1985 pending before the subordinate judge 1st court Chittagong for the cause......ding inter alia that the suit was not maintainable in its present form and barred by waiver estoppel and acquiesce. It was their case that the predecessor of the plaintiff entered into a contract for sale of the suit land on 18-7-1970 at a consideration of Taka 3, 33,000 with the defendant Nos.1 and......e plaintiff. The plaintiff withdrew Taka 1, 80,000 from the Rent Controller. For want of Income Tax Clearance Certificate, the defendant Nos.1 and 2 (present appellants) failed to get the kabala deed executed and registered through Court on the strength of the judgment and order passed by the A..Category: Civil Law, Procedural Law | Date: 20 Mar, 2011 | Hits: 2
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....eld this findings and decisions of the appellate court. 10. It appears that the trial court disbelieved the defendant’s kabala-the exhibit-Uma/4 or Cha/1 pointing out some anomalies in the dates of execution and registration of the said kabala. The trial court pointed out that in that exhibit-Uma/......la. The appellate Court took into consideration the fact that though according to the plaintiff’s case Sirarjul Islam paid the full consideration money to Biadhan Bia in the year 1950 when talk for sale allegedly took place, but the kabala was executed in the Last part of 1951 and it was registere......behind 4 sons, 2 daughters and husband defendant No.8. The suit land was rightly recorded in Bazler Rahman's name in S.A. Khatian No.508. On 01.09.1986 the defendant Nos. 1, 2 and 8 made a registered deed of partition. By the said partition deed the defendant No.8 got 4 decimals of land of the suit ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Md. Ferajtullah Sheikh Vs. Md. Yusuf Ali and others, 2011, 40 CLC (HCD)
....he result, the Rule is discharged without any order as to costs. The order of status quo passed on 6.8.2002 is vacated. Send down the lower Court records. Ed. This Case is also Reported in: ......, in a nutshell, was that he was a co-sharer in the case land. The petitioner Md. Ferajtulla Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtained a certified copy of the sale deed and ......a Sheikh sold the case land to opposite party Nos. 2-3 without any notice to him. He came to learn about the sale, for the first time on 13.9.1992 and thereafter obtained a certified copy of the sale deed and filed the application for pre-emption within time. 3. The petitioner as vendor-opposite ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 59
Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)
....ation) (Amendment) Ordinance, 1983 and vide Article 27(A)(2) on 8-11-1983 Pubali Bank stood dissolved on and from 8-11-1983. However, clause 7 of the said agreement provides "Immediately on execution of this agreement, the company shall issue shares of Taka 7,60,00,000 (Taka seven cro...... it is liable to be discharged. 32. In the result, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 448. ......ondent No. 4 had also paid a sum of Taka 16 (sixteen) crores to the government in consideration of the said transfer. 9. It has further been contended that according to clause 6 of the deed of agreement of transfer dated 15-9-1983 (Annexure-3) respondent No.4 was to abide by the ..Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3
Mokles Uddin Bhuiyan Vs. Rabi Chowdhury, 2012, 41 CLC (HCD)
....n objection stating inter-alia that the case of the present opposite party No.1 is false, malafide and barred by limitation. The present opposite party had knowledge about the money suit and decree execution case and auction matter. The auction was never secret and it was sold by open tender. The ...... 2. The facts for disposal of the Rule, in short, are that opposite party No.1 as petitioner filed Miscellaneous Case No.55 of 1984 against the petitioner and others for setting aside the auction sale arising out of Execution Case No.4 of 1975 in pursuance the ex parte Judgment and decree pass......itioner did not submit the original newspaper thus both the Court concurrently opined that the auction was held by committing fraud upon the Court and since both the Courts found fraud in the auction deed in such a case the limitation is immaterial. The learned Advocate further submitted that concur..Category: Civil Law | Date: 11 Mar, 2011 | Hits: 185
....ng whatsoever in any way arising out of or relating to the contract, designs drawings, specifications, estimates, instructions, orders or those conditions or otherwise concerning the work or the execution or failure to execute the same whether arising during the progress of the works or af......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
......ation thereof, we do not find any merit in these two leave petitions.
Accordingly, these leave petitions are dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 86.
..
Category: Civil Law | Date: 23 Feb, 2011 | Hits: 10
Mohammad Ali Vs. Bangaldesh Bank and others, 2011, 40 CLC (HCD)
...., fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) application for rejection of the execution case. 2. Petitioner’s case is that Agrani Bank, Reazuddin Bazar Branch, Chittagong ......out of Artha Rin Suit No.424 of 2004). By the first order the learned Judge, on an application filed by the decree holder-bank, fixed a date of auction on publishing auction notice in news papers for sale of the petitioner’s mortgaged property, while by latter rejected his (petitioner’s) applica......ree is not yet satisfied. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 22 Feb, 2011 | Hits: 187
....-company. Dr. Zahir further submits that the High Court Division rightly found that the plaintiffs-respondents proved their possession on the suit land by examining witnesses and they proved the execution of bainapatra by "both oral and documentary evidence and that they were inducted into......any got allotment of the scheduled property on 30-7-1985 and as per Board Resolution of the Company one Kazi Golam Hussain being the Chairman of the company on 19-3-1990 entered into an agreement for sale of the said property with Alhaj Mansur Rahman for Taka 35, 40,000. Thereafter Alhaj Mansur Rahm......es of Taka 11,00 lakh out of the total consideration money be paid to RAJUK by him for which Taka 11,00 lakh would be excluded from total consideration money and the defendant No. 1 would execute the deed receiving the balance consideration money of Taka 5 lakh. The price was re-fixed at Taka '3..
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5
Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......he Respondent. Writ Petition No. 6731 of 2010 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defaulting borrower, was issued calling in question an auction notice for sale of his mortgaged property under section 12 of the Artha Rin Adalat Ain, 2003 published in the D......d as being not maintainable. The order of stay passed by this Court at the time of issuance of the Rule is vacated. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 17 Feb, 2011 | Hits: 174
Jamiul Hossain Vs. Government of Bangladesh & Others, 2011, 40 CLC (HCD)
....of issuance of Rule Nisi is, hereby, recalled and vacated. Let a copy of the judgment be communicated to the Respondents forthwith. Ed. This Case is also Reported in: 20 BLT (HCD) (2012) 49. ......nd his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna Chandra Debnath sold out 7.51 acres of land by six deeds of sale to Moulana A.K.M. Fazlul Hafiz, Hazi Zohra Khatun and Begum Rahima Hossein, each getting 2.50 a......ving behind his daughter's son, namely, Krisna Chandra Debnath to inherit his all properties. While owing and possessing the said properties, Krisna Chandra Debnath sold out 7.51 acres of land by six deeds of sale to Moulana A.K.M. Fazlul Hafiz, Hazi Zohra Khatun and Begum Rahima Hossein, each getti..Category: Constitutional Law | Date: 15 Feb, 2011 | Hits: 176
Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)
.... has been considered in Sarder Jan-e Alam Vs. Arab Bangladesh Bank Ltd., 4 BLC (AD) 178. In that case the facts are that in pursuance of an ex-parte decree, the decree holder-Bank put the decree into execution for realization of the decreetal amount. The Adalat ultimately sold the mortgaged property...... to sell the mortgaged property for recovery of the money. Therefore the provisions of Order 34 will be applicable in this matter. 7. Sub-rule (1) of rule 4 of order 34 provides that in a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned i......em. The appeal is dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 92, 16 BLC (AD) (2000) 107, VIII ADC (2011) 523 ..Category: Banking Law | Date: 15 Feb, 2011 | Hits: 189
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....ecree, was issued calling in question order dated 30.5.2005 passed in Artha Rin Execution Case No. 741 of 2003 pending in Artha Rin Adalat No.1, Chittagong and also the entire proceedings in the said execution case. 2. Facts leading to this writ petition, in short, are that Agrani Bank, Laldigh......an affidavit-in-opposition denying the material facts of the writ petition contending inter alia, that the executing Court observed the provisions of section 34 of the Ain and in spite of attempt for sale of the mortgaged property through auction, it could not succeed in selling the property. The ex...... of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..Category: Banking Law | Date: 10 Feb, 2011 | Hits: 192
49575796886749768827849684954978963853124979962582348721488391184876852850734872