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Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
.... has, however, seriously pressed that the term "Time allowed" means and includes the time to be extended therefore subsequently by the Bank, that is, the creditor. 11. We are unable to carry ourselves with the interpretation given by Mrs. Rabia Bhuiyan. So far the language used in the......2]; Section 62 A candidate in an election of Union Parishad can be declared disqualified by the Returning Officer on the ground that he had defaulted in making payment of certain installments of loan taken from some banks and as such his nomination can be rejected under section 7(2)g of the Loc..Category: Election Law | Date: 5 Mar, 1990 | Hits: 136
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
.... such petition under Rule 5. This is a prayer for attachment before judgment. Such prayer is allowed very sparingly because the jurisdiction is rather extra-ordinary and it is exercised with utmost care. In this case the trial Court granted the prayer despite the objection of the Bank. Be it noted......plication under Order 38 Rule 5 for attachment of the scheduled properties before judgment. Plaintiff was engaged for breaking the ship which was purchased by M/S. Janapad Enterprise on obtaining a loan from the Pubali Bank. Ship was imported for the purpose of breaking as scrap. Pubali Bank fin..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......t led to this appeal are given in the following paragraphs. 2. The land in suit comprising plots Nos. 1958 and 1965 originally belonged to two brothers, Jaghabandhu and Hara Govinda. To secure a loan they mortgaged it by a simple mortgage deed dated 15 November 1911 to Siristidhar. Thereafter t..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Latfur Rahman and others Vs. Golam Ahmad Shah and others, 1986, 15 CLC (AD)
....ance in 1970. The consideration was Tk. 21,000/- and advance was paid Tk. 3,000/-. Since the deed of sale was not executed the suit was filed. The defence was mainly on hardship. The Division Bench carefully considered the defence and concluded. "If we decree the suit, she will be deprived of that......000/- was advanced and subsequently another amount of Tk. 25,000/- was also paid to defendant. These facts are not denied. An attempt was made in the trial court to show that the money was taken as loan and the document that was executed was in fact a security bond for the money advanced. The tria..Category: Contract Law | Date: 27 Jan, 1986 | Hits: 212
M/s. Gannysons Ltd. & anr. Vs. Sonali Bank & others, 1984, 13 CLC (AD)
....8 of 1982 being infructuous will be withdrawn after release of the property within the aforesaid date. No costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 43. ......ease order from the Government. Since the debt is admitted there is no escape from repayment of the same. As the properties were treated as abandoned, Government had no objection in repaying the loan obtained by Gannysons Ltd. and even if the company and its properties are released by the Gove..Category: Property Law | Date: 20 Aug, 1984 | Hits: 24
M/s. Haque Brothers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....ion and modernization of the aforesaid project. These loans were given in Dollar currency and repayable in local currency at the rate of exchange prevailing on the date of repayment. The first loan carried interest at the rate of 8% per annum and liquidated interest at the rate of 1% per annum whi......stan Industrial Credit and Investment Corporation hereinafter referred to as "THE PICIC". Facts as stated in (the application show that appellant which is a private limited company obtained in 1962 a loan of US dollar. 1,51,000.00 under "AID (DLF) 100 credit" for setting up a new Dry-cell battery ma..Category: Procedural Law | Date: 2 Apr, 1984 | Hits: 105
Chatteswari Debi Bigraha Vs. Shirih Chandra Das & others, 1984, 13 CLC (HCD)
....he suit is dismissed without any order as to costs. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 221 ......tten at the bottom of the first page of the two page agreement Ext. 2 is 25th July, 1977). The plaintiff who is the Deputy Chief Mechanical Engineer, Bangladesh Railway Chittagong took House Building loan from the Railway Deptt. for payment of the balance. He also secured the No. Objection Certifica..Category: Property Law | Date: 1 Apr, 1984 | Hits: 2
Trustees of the Port of Chittagong Vs. K. Mahbub Hossain & others, 1984, 13 CLC (HCD)
....nufacturers in West Germany but the plaintiff would pay insurance charge incurred by defendant No.3 to insure the Car covering all necessary risk and the defendant No.3 would arrange clearance of the car on arrival at Chittagong and would deliver to the plaintiff in ready and worthy condition. ......l realisation from the date of institution of the suit. Mohammed Habibur Rahman J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 292 ..Category: Contract Law | Date: 14 Mar, 1984 | Hits: 3
Jaha Baksha Par Vs. Fazle Karim Biswas & others, 1983, 12 CLC (HCD)
....ffirmed without any order as to cost in the facts and circumstances of the case. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 87. ...... Suit No.112 of 1967. 2. Facts leading to this appeal in short are that the land described in the schedule to the plaint belonged to the plaintiffs Fazle Karim Biswas and Nasim Biswas. They took loan of Tk. 200/00 from the defendant Jaha Baksha, a village money lender and as security of the loa..Category: Evidence Law, Property Law | Date: 23 Aug, 1983 | Hits: 4
Ananda Charan Halder Vs. Shubbadra Bachar & others, 1983, 12 CLC (HCD)
....d I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 78 ......can be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the purpose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purpose of her ..Category: Property Law | Date: 23 Mar, 1983 | Hits: 3
....r Road Bara Moghbazar, Dacca-17 to Jiban Bima Bhaban, 2nd Floor, Sheikh Mujib Road, Agrabad, Chittagong with effect from 2nd May, 1980 and respondent No. 2 was accordingly informed. On a search being carried out in the Office of respondent No. 2 it was revealed that respondent No. 1 filed on 1st Apr......ompany, Incorporated on 20th August. 1976, started functioning after purchasing Elahinoor Tea Estate and Halda Valley Tea Estate in Government auction on 14th June, 1977: that the Company had to take loan of Tk. 5, 70368/22 paisa from Nurul Huda Quaderi, Managing Director of M/S Noor Planters Ltd. (..
Category: Company Law | Date: 28 May, 1982 | Hits: 3
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
.... Rabeya Khatoon. She came out to answer the call of nature. While she was coming back, accused appellants Abul Hossain and Abdul Quddus @ Nausha suddenly caught hold of her in the inner yard and carried her away from the said house to the house of acquitted accused Abdus Sattar who called ......accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......ute we may find that time testator has clearly depicted the situation prevailing at the time of execution of the Will and we may read his intention. We notice that Ram Kumar during his life time took loan by mortgaging ancestral properties and ultimately died. Girish Chandra Aich with his own income..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
Bashir Ahmed Vs. Abdul Shaheed, 1982, 11 CLC (HCD)
....e sent down at once for expeditious disposal of the suit. Md. Altaf Hossain Khan J.— I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 154 ...... disputed goods and he has produced some documents to establish a prima facie case. The goods are lying with the Chittagong Port authority and admittedly huge amount of demurrage and interest on bank loan are accumulating. In the circumstances appointment of a Receiver, for release of the disputed g..Category: Civil Law, Procedural Law | Date: 17 Feb, 1982 | Hits: 1
Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)
.... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116 ......ition of law is that no person can confer on another a better title than he himself has. A mortgage is a transfer of an interest in specific immovable property for the purpose securing repayment of a loan. A mortgagee's interest lasts only as long as the mortgage, has not been paid off. Therefor..Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10
Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)
.....W.5 umpteen times in various places most illegally and arbitrarily, without examining critically the nature of the evidence that this witness adduced. 17. P.W.9 Abdul Ghani deposes that he carries on business of fish at village Chorhash. During the war of liberation, in the middle of Bhad....../-, in default, to suffer rigorous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75. ..Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1
Bengal Water Ways Ltd & Another
....977. 4. The case has got a chequered history. Case of respondent No. 1 Rahim uddin Ahmed, is that his elder brother Alauddin Ahmed and his late father Shamsuddin Ahmed had a partnership firm for carrying on water transport business. After the death of his father in October, 1960, Rahimuddin Ahm......equivalent to Tk. 2,40,65,816/40 at the conversion rate prevailing on 31-12-80 and that respondent No. 2 might be allowed to enforce the securities as provided in Law and realise its dues against the loan given to the appellant company. 19. Leave was granted to the appellants to examine the que..Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0
Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)
.... the independence he returned to take over the charge of the Factory Administrator since it was treated as abandoned property. During the period the Factory remained abandoned, its administration was carried on by a local Management Board consisting of public and Government representatives in which ......sent case it would appear that the authority of the Chemical Industries Corporation dismissed the petitioner in the present case on 4 charges in the following; (1) The petitioner advanced a loan of Tk. 20,000/00 to M/S. S.A. Shakur and Co. of Natore Road, Rajshahi without authority on 5.3...Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2
Nurunnessa & others Vs. Babar Ali Bepari & Others, 1980, 9 CLC (AD)
....the manner of proving certified copies of foreign judgments, and Sardar Singh Vs. Pissumal H. Bankers, AIR 1958 AP 107 where it has been held that where a power of attorney registered in Pakistan and carrying endorsement of Registrar of that country is produced in India, the presumption of sect......rney in the manner indicated above and in accordance with law. We, however, make no order as to costs, Ed. This Case is also Reported in: 1 BLD (AD) (1981) 86 ..Category: Civil Law, Procedural Law | Date: 27 Aug, 1980 | Hits: 3
Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)
....before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ......before the trial Court for addition of the proposed parties. The application is accordingly rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 67 ..Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1
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