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Abul Kashem and others Vs. State, 1994, 23 CLC (HCD)
.... the murder of Morium, daughter of P.W.1 Kala Mia, their neighbours. Their evidences do not throw light on the points involved in this case. P.W.8 constable Md. Nasir Ali and P.W.9 constable Amin Mia carried the dead body of Morium to the morgue at Sandwip Upazila Hospital. P.W.10 Mr. Swapan Kumar S......uddin Ahmed be set at liberty forthwith if not wanted in connection with any other case. Send down the case record at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 573. ..Category: Women and Children | Date: 3 Jul, 1994 | Hits: 36
Sultan Alam @ SA Badal Vs. Rupali Bank, 1994, 23 CLC (HCD)
....he Court to find out the limitation of the legal fiction, to delimit its boundaries and not to extend the frontier of legal fiction beyond what has been provided in the statute". 4. We have carefully scrutinized the relevant provisions of the Artha Rin Adalat Ain, 1990, and we find that Ar......arises Out of the following facts: The opposite party Rupali Bank instituted Title Suit No.12 of 1988 in the Court of the Subordinate Judge and Commercial Court No. 3, Khulna, for realisation of loan advanced to the defendant petitioner and the amount due stood at Taka 3, 30, 183.00 with i..Category: Banking Law | Date: 24 Apr, 1994 | Hits: 1
.... but no relief was claimed against him. The case of the petitioner also is that it is an international lease finance Company comprising of five international organisations and two local ones and they carry on business of lease finance of machineries rented by industrial concerns under standard lease......' schedule property belong to the plaintiff and by selling the property of the plaintiffs' their claims against the defendants cannot be satisfied. He further submits that for security of the loan advanced 'Kha' schedule property was earlier mortgaged with the plaintiff. So, the incl..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
Mostafa Miah Vs. Chairman, First Labour Court, Dhaka and others, 1993, 22 CLC (HCD)
....at those were malicious and false. It was further stated that Bangladesh Biman published an advertisement in the Bangladesh Times on 18.5.89 inviting tender for selling by auction two of its used/old cars numbering Dhaka Cha‑4095 and Chittagong Kha‑3130. In response to the advertisement the owne......the result, the Rule is made absolute without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 373 ..Category: Labour and Industrial Law | Date: 30 Aug, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....ry of a certain amount alleged to have been due under open and mutual account, together with the facilities for overdraft opened at the instance of the Defendant. In that case, the Defendant, who was carrying on rice business, opened a current account with the Plaintiff-bank on 5.9.37 and, for facil......anced to Tk. 70,000.00 on 12.12.70; that in Order to secure the Over Draft amount, the said Halima Khatoon pledged National Investment Trust Certificates (N.I.T) valued at Tk. 83,000.00 that the said loan was payable by her on or before 31.12.71 which she failed to do and further the N.I.T. Certific..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
State Vs. Abdul Khaleque, 1992, 21 CLC (HCD)
....ed wound on the left side of the occipital region, two stitched up incised wounds on the fore‑head, three stitched up incised wounds on the fore‑head, three stitched up incised wounds on the left car, one stitched up incised wound on the left fore arm, one lacerated wound on the tip of the left ......ial Court as well as to the Superintendent of Police, Barguna at once for necessary action. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 353; 13 BLD (HCD) (1993) 354 ..Category: Criminal Law, Family Law | Date: 24 Nov, 1992 | Hits: 4
A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405. ......n of the learned Counsel appearing for the petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave the country for ever, is essen..Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3
Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... reasonable likelihood of repetition of past conduct which would be prejudicial, inter alia, to the security of State or the maintenance of public order or even when the witness may be frightened or scared of coming to the court, deposing about the past acts on which the opinion of the authority con......ch the detenu grabbed along with other Directors of BCI Ltd. and the detenu by violating the Banking law committed fraud upon the depositors, making irregularities in the banking deposit and grant of loan in an illegal way, there is every apprehension of his going out of the country. If he is detain..Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187
Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)
....lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......99, Puranbazar, Madaripur. The petitioner was a tenant in the said holding under respondent Nos. 5 and 6 on monthly rental basis since 1981. He imported the said printing machine from China by taking loan from the Government in month of December, 1988. The petitioner went to his village home keeping..Category: Criminal Law | Date: 25 May, 1992 | Hits: 107
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....he plaintiff‑opposite party has relie on a decision in the case of Haridas Mondra Vs. National and Grindlays Bank Ltd. reported in AIR 1963 Cal. 132. 5. We have heard the learned Advocates and carefully examined the impugned orders in the facts and circumstances of the case and considered the...... giving rise to this Rule may be stated as follows: The opposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petitioners for realisation of its loan money to the tune of Taka 42,60,898.7 and in default for selling out the mortgaged property bei..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
....nguage indicates that sums paid, if do not satisfy the aforesaid ingredients shall not qualify as "salary", within the meaning of the Explanation‑I…..................... (6)
A careful reading of clause (iii) of sub‑section (2) of section 10 leads to hold that allowance in r......titled to allowance with respect to interest paid as a whole on the capital borrowed for the purpose of doing business under section 10(2) (iii) of the Act irrespective of the fact whether the entire loan amount was utilized or not…................(8)
Cases Referred to-
Bishambar Da..
Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8
.... the Loan Sanctioning Board.
4. It has further been averred that prior to the agreement of sale with Duraram, the petitioner and his brother Faizuddin Ahmed (added respondent No. 4) were jointly carrying on business as monthly tenants under Duraram on the land but subsequently Faizuddin severed......for India during Indo‑Pak war in 1965. Thus the petitioner had no right, title and interest in the property by virtue of his payment of Municipal or any other taxes, nor could he legally obtain any loan by mortgage of the land; nor did he ever file any application for loan to the officer concerned..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
....nnexure‑I to the Writ Petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......he Managing Committee of Bangladesh Jatiya Palli Unnayan Samabaya Federation void on the ground that the petitioner was disqualified to contest the election being a defaulter in respect of payment of loan of the society. The petitioner was not a defaulter but he was wrongly described as a defaulter ..
Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2
.... the three petitions fail and the Rule discharged without any order as to costs. Order of status quo stands vacated.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 221
......lectric meters.
13. It is further contended that including the single phase electric meters in the project proforma of the aforesaid projects of the respondent Nos. 5 and 6 and ultimately in the loan agreements with the foreign donors in spite of repeated directions of the Government not to inc..
Category: Constitutional Law | Date: 4 Mar, 1992 | Hits: 3
....owing him facilities that are available to permanent worker of a Bank. The learned Chairman of the Labour Court on consideration of the evidence on record and relevant law point involved in that case carne to the finding that Azaduddin, the Godown Keeper of Rupali Bank (petitioner), was a permanent ......haracter of a service of a Godown Keeper.
Further there is a total lack of' evidence to substantiate the contention that the petitioner with the delivery of the pledged goods on repayment of loan the services of the godown keeper of a particular godown ever came to an end in the past automa..
Category: Employment/Service Law | Date: 12 Jan, 1992 | Hits: 6
Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)
....tension by Annexure 'C' dated 24.2.97 and 23.5.97 respectively to the petition are declared to have been made without any lawful authority. Ed. This Case is also Reported in: 43 DLR (1991) 144. ......ner was released by the Government from detention. 3. The case of the petitioner Mirza Ali Ashraf is that he was the Managing Director of M/s. Moon Light Silk Mills Ltd. He took a foreign currency loan of DM 12,84,425,26 equivalent, to Taka 15,28,466.00 and a local currency loan of Taka 3,50,000...Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184
Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The present proceeding under section 162 of the Companies Act is not maintainable. The allegations of inability to pay debt by the respondent company is incorrect and baseless. Rather the company is carrying on business of Garments in full swing with the financial assistance from the Respondent No....... of the audited balance sheet had been supplied to the petitioner or any other Directors and the Registrar of Joint Stock Company. For the business of the company the said Managing Director had taken loan of about Tk. 30,00,000/‑ from Islami Bank respondent No. 15 but cannot repay the aforesaid de..Category: Company Law | Date: 19 Dec, 1990 | Hits: 195
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....nt to meet the existing liabilities, it is heavily indebted to various creditors, all its assets being in mortgage or in pledge, and there is no possible chance of a profit being made or its business carried out. Cases Referred to- The Punjab Flying Club Limited AIR (1933) Lah, 301; Halsbu......‘in-opposition on 19.11.86 stating that the title deeds of land measuring 13 bighas in Kashimpur mouza were deposited with Agrani Bank, Local Office, Motijheel as collateral security against the loan given to the Company. It was their further case that the present value of the said 13 bighas of..Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122
Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)
.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... 2. The petitioner represented that a plot of land was held by one Mr. SM Ahsan, a permanent lessee of the Government and from him the petitioner purchased the plot and after obtaining permission and loan from his employer namely, Janata Bank he constructed a two‑storied house and then contracted ..Category: Criminal Law | Date: 13 May, 1990 | Hits: 73
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....nst the respondents as defendants in the said court for recovery of money by sale of mortgaged goods stating, inter alia, that the defendant No.1 Company M/s. Begg & Beg Jute Incorporated Ltd. is carrying on business of export and buying and selling of jute. The other defendants are its dir......ecation of jute goods with Tk.5 lacs and the said limit was renewed for the years 1977‑78 and 1978‑79. In the year 197980 the cash credit limit was reduced to Tk.20,00,000/‑ with a blocked loan amounting to Tk.7.36,000/‑. The defence side duly executed documents to secure the loan...Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
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