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Anwarul Alam (Md.) Vs. Pubali Bank Ltd and others, 2011, 40 CLC (HCD)

.... Hence, the application. 8. Respondent Nos. 4 and 5 entered appear­ance by filing affidavit-in- opposition contending, inter alia that the respondent No. 4, Pubali Bank Limited, is a private bank company registered under the Companies Act, 1913 (Act No. VII of 1913). After independence, the......) Present: Farah Mahbub J   Farid Ahmed J Anwarul Alam (Md.)………………………..Petitioner Vs. Pubali Bank Ltd and others...............Respondent Judgment March 13, 2011. Result: The Rule is...... 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.   ..

Category: Constitutional Law, Employment/Service Law | Date: 13 Mar, 2011 | Hits: 3

Professor Muhammad Yunus Vs. Bangladesh, 2011, 40 CLC (HCD)

....ging Director. (3) In selecting a candidate for appointment as Managing Director, preference shall be given to persons having knowledge and experience in rural economy or in the field of grameen banking business. (4) The Managing Director shall be the whole-time officer and the chief execu...... This Case is also Reported in: 63 DLR (2011) (HCD) 260. ......er, there would be no order as to costs. Md. Mamtazuddin Ahmed J. – I Agree. Gobinda Chandra Tagore J. – I Agree. Ed. This Case is also Reported in: 63 DLR (2011) (HCD) 260. ..

Category: Banking Law | Date: 8 Mar, 2011 | Hits: 438

Kazol and others Vs. State, 2011, 40 CLC (HCD)

.... in the FIR that the accused appellants brought the victim from his shop with Tk.5,000/- but while deposing in court he disclosed a different story and said that the occurrence was taken place on the bank of a pond near to banana garden of Nizam. 16. P.W.4 Alek Miah stated a different story in Co......aque J.- I agree. Ed. This Case is also Reported in: ......e directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: 2 Mar, 2011 | Hits: 48

Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA) Vs. M/s. Abdul Mannan and anothers, 2011, 40 CLC (AD)

....im to have the money, but to no effect. Hence, the suit for recovery of money amounting to total Taka 5,84,982.00 being the deducted amount of Taka 4,21,083.66 and compensation thereon at the rate of bank interest amounting to Taka 1,63,898.34. 6. The present petitioner as defendant con­tes......ent: ABM Khairul Haque CJ Md Muzammel Hossain J SK Sinha J Executive Chairman, Bangladesh Export Processing Zones Authority (BEPZA)......Petitioner Vs. M/s. Abdul Mannan and anothers.................Respondents Judgment February 23, 2011. Result: The......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)

....in Adalat No.1, Chittagong in Artha Rin Execution Case No.75 of 2005 (arising 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...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Ali ………………….....................Petitioner Vs. Bangaldesh Bank and others ………..........Respondents Judgment February 22, 2011. Result The......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

Hussain Fabrics Ltd. Represented by its Managing Director and another Vs. Haji Momena Khatun and others, 2011, 40 CLC (AD)

....ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ......t High Court Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Hussain Fabrics Ltd. Represented by its Managing Director and another………….Petitioners Vs. Haji Momena Khatun and others.......ubstance hi the submis­sions of the learned Advocate for the petitioners. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 119. ..

Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5

Sanjoy Roy Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....otal amounting to Taka 49,65,730.75 (Taka forty-nine lac sixty-five thousand seven hundred thirty and Paisa seventy-five) only from South East Bank Ltd., Shahjalal Upashahar Branch, Sylhet, a private bank operating under the Bank Companies Act (herein respondent No.3). In order to secure the loan, t...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Sanjoy Roy ………………………………………..Petitioner Vs. Bangladesh and others ……….............Respondents Judgment February 17, 2011. Result ......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

Rupali Bank Ltd., Dhaka Vs. M/S. Brick Linkers Ltd. and Others, 2011, 40 CLC (AD)

....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 ...... Present ABM Khalrul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Rupali Bank Ltd., Dhaka……………………………………Plaintiff Vs. M/S. Brick Linkers Ltd. and Others………………Respondent Judgment February 15, 2011. Case Referred To- Sar......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)

....ixty) only as calculated on 30.6.1991. The said suit was decreed on 10.11.1993, the preliminary decree was signed on 17.11.1993 and the final decree on 27.6.1994. 3. Thereafter the decree holder-bank put the decree in execution by filing Mortgage Execution Case No. 14 of 1995 in Artha Rin Adala...... Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Mohammad Abdus Sabur ………………….................Petitioner Vs. Agrani Bank, Laldighi East Branch, Chittagong and others…... Respondents Judgment February 10, 2011. Result The Rule is disc...... 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

Promoda Sundari Sen Kalyan Trust Vs. Momtaz Zafar Ahmed and Others, 2011, 40 CLC (HCD)

....f the Code of Civil Procedure and on considering the contents of the plaint was pleased to reject the plaint by his judgment and decree dated 29-4-2010 holding that the suit property was mortgaged to bank against loan and the Bank for recovery of its loan amount instituted a suit being Artha Rin Sui...... Present: Sheikh Abdul Awal J F.R.M. Nazmul Ahasan J Promoda Sundari Sen Kalyan Trust………………Appellants Vs. Momtaz Zafar Ahmed and Others…………………..Respondent Judgment Fe......rder as to cost Let a copy of the Judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 53     ..

Category: Banking Law | Date: 9 Feb, 2011 | Hits: 2

Nazim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... Uttara Branch (herein respondent No.2). In order to secure the loan, the borrower-company hypothecated its stocks and machineries, and the petitioner mortgaged his property in favour of the creditor-bank. As the borrower-company failed to adjust the loan, the creditor-bank published the impugned au......ecial Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nazim Uddin……………………...............................Petitioner Vs. Bangladesh and others ………………….................Respondents Judgment February 9, 2011. ......of the above, the Rule is discharged. The order of stay passed 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: 9 Feb, 2011 | Hits: 162

Shah Alam (Md.) Vs. State and another, 2011, 40 CLC (HCD)

....nts Act, 1881. According to his submission, the other ground "insufficient fund" becomes immaterial for the pur­pose of bouncing the cheque. Even if sufficient fund was available in the account, the bank authority was not in a position to pay the cheque money. Because, in a joint account, signature......ion (Criminal Miscellaneous Jurisdiction) Present: Khondker Musa Khaled J Quazi Reza-ul-Hoque J Shah Alam (Md.)……………………......................Petitioner Vs. State and another……………………………………..Opposite-Parties Judgment February 6, ......e trial Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 137. ..

Category: Banking Law | Date: 6 Feb, 2011 | Hits: 361

Sohrab Hossain (Md.) & others Vs. State & another, 2011, 40 CLC (HCD)

....named Mikado products private Ltd who in a board meeting of the company held on 30-11-2003 authorized accused-petitioner No.1 to do all acts on behalf of the company to take loan from the complainant bank. On the basis of the said authority accused-petitioner No.1 applied to the complainant bank (he......gned procee­dings of CR Case No.4137 of 2009 under sections 138/140 of Negotiable Instruments Act, 1881, Now pending before the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. ...... of the Code. 11. For the discussions made above, we find no merit in the Rule. Accordingly, this Rule is discharged. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 215. ..

Category: Others | Date: 3 Feb, 2011 | Hits: 4

Aslam Khan Vs. Artha Rin Adalat, Moulvibazar and another, 2011, 40 CLC (HCD)

....azar Branch, Moulvibazar as plaintiff instituted Artha Rin Suit No.3 of 1994 for recovery of loan amounting to Taka 1,25,844/- only. Ultimately the suit was decreed on 11.3.1995 and the decree holder-bank put the decree in execution by filing Artha Rin Execution Case No.7 of 1997, which was disposed......on) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Aslam Khan …………………………………………………....Petitioner Vs. Artha Rin Adalat, Moulvibazar and another ………...Respondents Judgment February 2, 2011. Result The Rule i...... to the Manager, Sonali Bank Ltd., Bhairabganj Bazar Branch, Moulvibazar and also to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 217

Md. Nasurullah alias Nasu Vs. Artha Rin Adalat No. 4, Dhaka and others, 2011, 40 CLC (HCD)

.... Bibi. The suit was ultimately decreed ex parte on 22.3.2005 (decree signed on 29.3.2005) giving 60 (sixty) days time to the judgment debtors to pay the decretal amount in favour of the decree holder-bank. As the judgment debtors failed to pay the decretal amount, the bank put the decree in executio......nal Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Md. Nasurullah alias Nasu ……………………….....Petitioner Vs. Artha Rin Adalat No. 4, Dhaka and others…………....Respondents Judgment February 2, 2011. Result The Rule......perty. Lat a copy of the judgment be communicated to the concerned executing Court for future guidance as well. Nazmun Ara Sultana J.- I agree Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 2 Feb, 2011 | Hits: 175

Mirza Ahsan Habib Vs. The Judge, Artha Rin Adalat and another, 2011, 40 CLC (HCD)

....Taka ten lac forty three thousand four hundred fifty-four and Paisa eighteen) only against the petitioner and three others. Ultimately the suit was decreed ex parte on 26-5-2004 and the decree holder-bank put the decree in execution by filing Execution Case No.397 of 2004, which was finally disposed...... Md. Ruhul Quddus J Mirza Ahsan Habib…………………………………Petitioner Vs. The Judge, Artha Rin Adalat and another...........Respondents Judgment January 19, 2011. Result: The Rule is......er section 33(5) of the Ain will, however, remain with the bank and may also be disposed of in accordance with law. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 579.   ..

Category: Banking Law | Date: 29 Jan, 2011 | Hits: 2

Mosharraf Hossain (Md.) and others Vs. Akhtar Hossain, 2011, 40 CLC (HCD)

....e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218.......in: 63 DLR (HCD) (2011) 218.......e suit No.308 of 2009 expeditiously in accordance with law. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 218...

Category: Property Law | Date: 27 Jan, 2011 | Hits: 95

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....lat Ain, 2003. All the said actions were done and proceedings were taken beyond the knowledge of the petitioner. Thereafter he served a notice demanding justice dated 13.5.2008 upon the decree-holder bank requesting to release his property from the schedule of the auction notice and getting no respo......h Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ............Petitioners Vs. Bangladesh and others ……………….........Re......d to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. This Case is also Reported in: ..

Category: Banking Law | Date: 27 Jan, 2011 | Hits: 172

M/S A-Z Knit Wears Ltd. and another Vs. City Bank Ltd. and others, 2011, 40 CLC (HCD)

.... it comes within the scope of article 102 of the constitution. No relief has been sought against Bangladesh Bank in respect of its inaction and a direction has been sought, instead, against a private bank not to proceed against the petitioner - company. This writ petition is directed in disguise aga...... Ed. This Case is also Reported in: ...... without any order as to costs. The order of restraint granted at the time of issuance of the Rule is hereby vacated. Nazmun Ara Sultana J. I agree. Ed. This Case is also Reported in: ..

Category: Banking Law | Date: 26 Jan, 2011 | Hits: 185

Mahbub Ahmed Chowdhury Vs. Chief Election Commissioner and others, 2011, 40 CLC (AD)

....on in which he was elected as a member in the past, and how many of those prom­ises were fulfilled; and (h) the amount of loan received by him alone, or jointly or by his dependents from any bank or financial institution, and the amount of loan received by him from any bank or financial in...... (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Mahbub Ahmed Chowdhury.......................Petitioner Vs. Chief Election Commissioner and others..........Respondents Judgment January 23, 2011. Result: Civil Petit......judgment and order passed by the High Court Division. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 283. ..

Category: Constitutional Law | Date: 23 Jan, 2011 | Hits: 11