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Md. Ismail Siddique Vs. M/s. Crescent Apparels (Private) Ltd. and others, 1990, 19 CLC (HCD)
.... The application is thus allowed. Mr. Nayeem prays for stay of operation of this judgment for four weeks. The prayer is allowed. Ed. This Case is also Reported in: 43 DLR (1991) 99. ...... 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
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....n of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for realisation of decretal costs and the validity of the decree was not under challenge and the main qu......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)
....learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ......‘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
.... subsisting interest therein. It is further stated that the defendant No. 1 has no right, title and interest in the suit property. The Income Tax of the bank‑in‑liquidation fell in arrear and for realisation of income tax, the Income Tax Certificate Case No. 552 of 1954‑55 was started and noti......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
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. Nurul Kader and another, 1990, 19 CLC (HCD)
.... there was an arrangement between them that the tenant was to pay the revenue payable by the landlord which would be adjusted against the rent payable to the landlord. The landlord filed the suit for realisation of rent from the tenant after making some adjustment on account of payment of revenue. T......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....nt is compulsory…...... (8) The awarding of interest on the decretal amount either from the date of institution of the suit till the date of the decree or from the date of the decree till realisation is purely a matter of discretion of the Court.....................(9) Cases Referre......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
Abdul Momen Bhuiyan Vs. Haji Payez Ali Mia and others, 1990, 19 CLC (HCD)
....om the concerned Bank, which ultimately reached to an amount of Tk. 11,16,445/‑. The Bank instituted a civil suit being Money Suit No. 3 of 1987 in the Court of the Subordinate Judge, Narsingdi for realisation of the Bank dues against the petitioner. 6. The petitioner on 14.2.1990 deposited t......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
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....ision. 2. Defendant-respondent No.1 was a debtor to the defendant-respondent No.2, Grindlays Bank, for Tk. 7.00 lakh in respect of the property described in Item No.1 of Schedule ‘B’ and for realisation of this amount the bank-respondent filed T.S. No.42 of 1981 in the Court of Subordinate ......ty in dispute, that is, item No.1 of SchedÂule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....ection 176 of the Contract Act, 1872 as well as under the terms of the transactions the defendants entered into with the Bank, the latter is free to follow any of the ways legally available to it for realisation of its dues. The Court will refrain from making any officious direction that the Bank sh......plication under Order 38 Rule 5 for attachment of the scheduled properties before judgment. Plaintiff was engaged for breaking the ship which was purÂchased 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 fiÂn..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Jalaluddin Ahmed Chowdhury Vs. State, 1988, 17 CLC (HCD)
.... P.W. 4 Saleh Ahmed, an Accountant of the Pourashava, stated that the appellant was a lax colÂlector of the Pourashava but he did not know anything about the case. He proved various receipts showing realisation of taxes written by the accused marked, Exts. 15-18 series. In cross-examination he stat......der of conviction and sentence passed by the Additional DiÂvisional Special Judge is right. In the result, I dismiss the appeal. Ed. This Case is also Reported in: 41 DLR (1989) 87. ..Category: Criminal Law | Date: 23 Mar, 1988 | Hits: 32
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)
....aid by way of advance within 3 months. In default, the contract stands and the decree will be enforced. No order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) (1987) 242. ......000/- was advanced and subÂsequently 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
Kings Shipping Tra¬ding Co Vs. M/s. L.S. Line & others, 1985, 14 CLC (HCD)
.... with S. K. Siddique— For the Respondent Nos.2 and 3. Admiralty Suit No.17 of 1891. Judgment Sultan Hossain Khan J.- The plaintiff has filed a suit in Admiralty jurisdiction for realisation of Tk. 17,87,363.18 against the principal defendants for loss and damage to the cargo ow......t the order may be stayed for one month. This order is therefore, stayed for one month. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 30. ..Category: Admiralty Law or Maritime Law | Date: 8 Jul, 1985 | Hits: 7
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 GoÂvernment. 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
Eastern Maritime & Trading Corpora¬tion Vs. Sea Trade & Cons¬truction Limited, 1984, 13 CLC (HCD)
....No.1 Eastern Maritime and Trading Corporation. Djibouti, and defendant No.2 Master of the Vessel M.V. Haci Sefer Kalkavan with Turkish Flag (making Bangladesh Bank, Dhaka proforma defendant No.3) for realisation of U.S.$ 1, 63, 843.19 equivalent to Taka 40, 86, 036, 162 in Bangladesh currency on acc......ispose of the suit as expeditiously as possible. Ed. Syed Mohammad Ali J.—I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 213; 5 BLD (1985) 49. ..Category: Admiralty Law or Maritime Law | Date: 12 Jun, 1984 | Hits: 5
M/s. Haque BroÂthers (Carbide) Ltd. Vs. Bangladesh Shilpa Rin Sangstha & others, 1984, 13 CLC (AD)
....esh Shilpa Rin Sangstha established under President's Order No. 128 of 1972, filed the aforesaid miscellaneous case under Article 33 of the above-mentioned President's Order against the appellant for realisation of Tk. 29,72,910.28, equivalent to US dollar 1,90,609.05, with pendente lite interest at......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)
....d the suit in part against defendant Nos. 1, 3 and 4 for Taka 4,930/- with costs and C & F value for the disputed car interest at the rate of 10/- upon the said decretal amount pendent elite till realisation from defendant No. 1. Being dissatisfied with and aggrieved by the said Judgment an......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
Mukhlesur Rahman Vs. Shaukat Ali & others, 1983, 12 CLC (HCD)
....inate Judge, Dhaka on 13.2.63. The plaintiff of the present suit was the plaintiff of the said Money Suit and the defendants of the present suit were the defendants in the said suit. The suit was for realisation of monthly rent. Defendant No. 3 deposing in the said suit admitted that defendant No. 2......ter giving the parties an opportunity to re-argue the appeals afresh. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 285 ..Category: Evidence Law, Property Law | Date: 15 Nov, 1983 | Hits: 3
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