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Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......e present petitioner, under section 406/420/409/109 of The Penal Code alleging, inter alia, that on 30.06.1999 the accused Md. Golam Mostafa Bitu, proprietor of M/S. Mostafa and Brothers, applied for loan to the Agrani Bank, Bogra and the Bank authority granted loan to the tune of Tk. 6,00,000/- (Si..Category: Criminal Law | Date: | Hits: 97
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....is discharged without any order as to cost. The order of stay granted at the time of issuance of Rule on 3.12.2000 is hereby vacated. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 434. ...... of the case as stated in the petition are that the petitioner No.1 is a company engaged in jute mills business and petitioner No.2 is its Managing Director. Petitioner No.1 has been enjoying various loan, over draft and banking facilities from its banker, respondent No.3, for the purpose of its bus..Category: Civil Law | Date: | Hits: 112
Osarunnessa Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ared to have been passed without lawful authority and is of no legal effect and hereby set aside. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 417. ...... background leading to the Rule, in short, is that the husband of the petitioner approached the respondent Bank for House Building Loan and on 24-12-1990 Tk.75,000 sanctioned for staff house building loan and on 28-10-1993 Tk.20,000 for motorcycle loan. The petitioner is the guarantor of the loan. P..Category: Civil Law | Date: | Hits: 134
Nazrul Islam (Md.) Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....dvanced by the learned Assistant Attorney-General, however, the submissions advanced by the learned Counsel for the petitioner prevail and appear to have a good deal of force. 13. Moreover, on careful consideration of the notice issued under section 3 of the Ordinance, we find that the respon......er's property is declared to have been made without any lawful authority and is of no legal effect. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 39. ..Category: Property Law | Date: | Hits: 62
Dr. M. Rafiquzzaman Vs. Bangladesh Shilpa Bank, 2006, 35 CLC (HCD)
....k any adjournment. The order of stay is vacated and the connected civil rule is discharged. Let the L.C.R be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 18. ......een alleged that the misc. case ought to have been dismissed summarily as the petitioner has no cause of action. That the opposite party No.1 is a company and the respondent bank sanctioned long term loan of Tk. 36.400 million and Tk. 2.30 million respectively for setting up a Biomedical Concerned t..Category: Civil Law | Date: | Hits: 127
Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)
....aint cannot be included at the execution stage for the purpose of attachment or sale. 21. We have also examined the provision of Order XXI, rule 17 of the, Code, as referred to by Mr. Asadullah, carefully. We find no restriction within four corners of this Rule about allowing amendment of an ap......spondent No.1 had instituted Title Suit No.130 of 1998 (the suit, in short) against Messrs Progressive Plastic Industries Ltd. (shortly, the Company) and its Chairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and also for personal decree before the Artha Rin Adalat N..Category: Civil Law | Date: | Hits: 136
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
.... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ...... of 2001. 2. The facts relevant for disposal of this rule, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order ..Category: Civil Law | Date: | Hits: 69
M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....Cantonment on 16th December in the morning to negotiate the terms of surrender with the Pakistan Army and,as a member of the Victorious Liberation Army, it was him who plucked the flag from the staff car of Lt. General Niazi,the defeated chief of the Eastern Command of the Pakistani Army. 21. All......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 154
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....e that as it may, we have heard the learned Counsel appearing on behalf of the plaintiff appellant at length and also gone through the plaint, written statement, deposition of DW 1 and other exhibits carefully. The moot question that falls for consideration by this Division in the instant appeal is,......inate Judge Dhaka against the respondents for recovery of money after selling the property mortgaged with the plaintiff Bank. 3. Plaint case, in short, is that plaintiff-bank on 30-4-84 advanced a loan facility by an overdraft of Taka 8 lack in favor of defendant-respondent No. 1, Orbit Enterpris..Category: Civil Law | Date: | Hits: 95
Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)
....itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ......f learned Magistrate, first class, cognizance court No.2, Pabna alleging, inter alia, that the accused Md. Salim Khan is a proprietor of "New shoe Museum", Ishurdi, Pabna; that he gave a proposal for loan for purpose of his shoe business and thereafter with the agreement with the bank, he took C.C l..Category: Procedural Law | Date: | Hits: 79
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ents do not deny the loan liability and their only case is that the purpose of the loan was known to the defendant bank and it was known to them before sanctioning the loan that the loan is taken for carrying out the work order that would be issued by the defendant No.4 for installation of electric ......se No.33 of 2002 against the respondents for realising an amount of Tk.39 lac and odd. The respondents contested the suit by filing written statement. The aforesaid suit was for realisation of unpaid loan amount that was taken by the respondents from the appellant bank. In that case the respondents ..Category: Civil Law | Date: | Hits: 87
Bangladesh House Building Finance Corporation Vs. Mosammat Amena Begum, 2010, 39 CLC (HCD)
....ous Execution Case No.14 of 2004 is hereby affirmed. Let a copy of this judgment and order be communicated to the Court concerned. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 194. ......in the Court of District Judge, Chuadanga against the opposite-party for permission to sale the properties, mentioned in the scheduled to the petitioner, in auction to realize Taka 2,17,253.44/=, the loan money along with interest. 3. The learned District Judge, Chuadanga by the ex parte judgment..Category: Civil Law | Date: | Hits: 276
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......ths and subsequently it was extended till disposal of the Rule. 3. The facts leading to disposal of the Rule are briefly stated below: According to the plaint, the petitioner is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2, Rupali Bank, Mongla Port Branch in 3 phas..Category: Civil Law | Date: | Hits: 254
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ...... Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in different financial business including giving loan to the customers and the opposite party is a business man and initiated a brick field business ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....pted by Court and refer to the decision of NR Sikder Vs. Bangladesh Water Development Board, 49 DLR 113, where it is held, "A copy of this bond or security has been annexed with the petition. We have carefully gone through this and it appears that one Mr. M Majidul Islam, Chairman, Bangladesh Water ......sed the materials and evidence on record and we have already found that the plaintiff have been able to prove their case against all the defendants who are jointly and severally liable to repay the loan. It appears to us that the Court below failed to appreciate the true import and tenor of the re..Category: Civil Law | Date: | Hits: 195
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... the Bank did not shift the goods from the said godown as a result of which the entire goods were damaged due to the devastating flood of 1998. As a custodian of the goods the Bank's duty was to take care of the goods. The goods of the petitioner were damaged due to negligence of the Bank. The Bank,......e petitioner. But the Bank filed Artha Rin Suit No.182 of 2005 against the petitioner and the pro forma respondent No.4 before the Artha Rin Adalat No.4, Dhaka (Shortly, the Adalat) for recovery of loan amounting to Taka 86,35,438.65 as on 31-3-2005. The petitioner appeared in that suit and filed ..Category: Civil Law | Date: | Hits: 176
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......n support of his contentions, the learned Counsel refers the case of Amir Hossain Vs. M.A. Malek, reported in 56 DLR (AD) 146, wherein it has been held:- "The convict respondent admitted about the loan, issuance of cheques by him and dishonor of cheques and that a notice under section 138(1)(b) h..Category: Criminal Law | Date: | Hits: 103
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....hers……………………….Appellants Vs. The State…………………………Respondent Judgment July 9, 2007. Result: The appeal is allowed. On burden of proof The cardinal principle of criminal law is that an accused person must be presumed to be innocent unless ......Master near the house of the complainant, Mozammel Hoque Prodhan. 16. It is significant to mention here that the prosecution firstly stated in the FIR that the deceased Mostafizur Rahman Milu gave loan of taka 10,000/- to one Rabeya Begum who is woman of bad character but she did not repay the lo..Category: Criminal Law | Date: | Hits: 74
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....and is liable to be brought to the book by lifting the corporate veil. In such a case, resolution of the company is not at all required…………………(21) Lawyers Involved: Jamir Uddin Sircar with SM Aminul Islam (Sanu), Advocates - For the Petitioner. Md. Shorawardi, Deputy Att......ng forged documents and by falsely presenting him as the Managing Director and thereby misappropriating Taka 15(fifteen) crore from Sonali Bank, Head of branch, Dhaka, in January 2005 and that such loan was taken without any authority (resolution) from the company and this credit was not at all ut..Category: Criminal Law | Date: | Hits: 124
.... drawing our attention to Rule issued in Writ Petition No.936 of 1998 argues that since this Bench has already issued a Rule in a similar matter this Bench should also issue a Rule in this case. On a careful examination of the statements made in the said writ petition we find that the facts of that ......n'ble Finance Minister is prohibited. The expression "Credit Information" as defined in Article 42(c) of the Bangladesh Bank Order, 1972 means any information relating to the amount and the nature of loans or advances and other credit facilities granted by a banking company to any borrower or class ..
Category: Civil Law | Date: | Hits: 119
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