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Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....the learned counsel of both sides and considered their submissions. We have gone through the petition, impugned order, the different Annexures to the petition and particularly the plaint (Annexure-F) carefully. 6. The moot question that calls for consideration in this petition is whether mandat......ackground leading to the Rule, in short, is that the petitioner is a private limited company engaged in cold storage business. The petitioner for the purpose of his business on 08-06-1994 applied for loan from the respondent No.2 Agrani Bank Limited, Principal Branch, A project was accordingly san..Category: Civil Law | Date: | Hits: 108
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....-respondent under Section 151 of the Contract Act. Section 151 of the Contract Act runs as follows:- "151. Care to be taken by bailee.- In all cases of bailment the bailee is bound to take as such care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, ta......lt: The appeal is dismissed. Jurisdiction of the Artha Rin Adalat The Artha Rin Adalat Ordinance came into effect on 31-7-1989 establishing special Courts for adjudication of the recovery of loans claimed by the financial institutions. This Ordinance was repealed by Artha Rin Adalat Act, 19..Category: Civil Law | Date: | Hits: 106
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......at Tk. 2,00,001/- and the plaintiff started leading her conjugal life in the house of the defendant. Thereafter, the defendant received Tk. 2,20,000/- from the plaintiff with a view to repay the Bank loan. Thereafter, the defendant claimed dowery of Tk. 2,00,001/- from the plaintiff and with that ..Category: Family Law | Date: | Hits: 140
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
...., whether the earth under the dead body was soaked with blood to fix the place of occurrence. Although it is not a substantive piece of evidence but in case of murder, either suicidal or homicidal it carries an important role…………………………………….(126) Confessional statement ......sions Judge. 137. Send down the L.C. records at once. 138. Send a copy of the judgment to the trial Judge at his present place. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ..Category: Criminal Law | Date: | Hits: 89
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......e decree-holder Janata Bank instituted Mortagage suit No.9 of 2002 which was subsequently renumbered as Artha Rin Suit No.1 of 2004 before the Artha Rin Adalat, Tangail for realization of outstanding loan of Tk. 10,53,701/- against the present petitioner. The said suit was decreed in preliminary for..Category: Civil Law | Date: | Hits: 174
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
....h an aim to realise the unpaid loan by special method which would take lesser time than the normal process of realisation of loan and hence the Bank or Financial Institution will be more cautious and careful for early disposal of the Execution Case without any fault on their part………………......ctory and not at all mandatory.……………………..(15 & 16) The Artha Rin Adalat Ain, 2003 is a special law which is enacted by the National Parliament with an aim to realise the unpaid loan by special method which would take lesser time than the normal process of realisation of loan a..Category: Civil Law | Date: | Hits: 136
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
.... to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within (thirty days) of the receipt of the said notice.” 11. On a careful analysis of section 138 of the Negotiable Instruments Act, it is seen that its main part cre......l of this Rule, is that, the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of Taka 23,00,000/= with a condition to pay the said loan within 90 days but failed to pay in t..Category: Criminal Law | Date: | Hits: 70
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
.... to the house of Golam Mostafa (P.W.1) and saw Jamir with injuries on face and abdomen. Mostafa, Amir and injured Jamir told that Daud and Rabi caused the injuries. Jamir was taken to hospital by van car of Amir. Jamir died in hospital. In cross-examination P.W.4 stated that he did not see the occur......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......shonestly misappropriated it or converted it to her or his own use; c) That the accused held the property in fiduciary capacity…………………………………(27) The transaction of loan money under a loan agreement do not operate as an entrustment under section 405 of the Penal Co..Category: Criminal Law | Date: | Hits: 92
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......s, etc. for local consumption. The petitioner company which is classified as a "Small Industry" was established during 1986-87 under IDA Credit No. BD-1065 with equity investment by the sponsor and a loan of Taka 29, 00,000 from Sonali Bank, Dhaka (briefly, the Bank). The Government of Bangladesh ma..Category: Constitutional Law | Date: | Hits: 334
....t.
In the results, the rule is discharged.
However, there shall be no order as to costs.
Moyeenul Islam Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 152.
......ng 1,75,569 Nos. of shares have been agreed to be sold to the writ petitioner. The said fact of proposed sale and transfer of the shares have been duly informed to all stake holders especially to the loan giving Bank, Uttara Bank and the Government in the Ministry of Jute. Pursuant to the said agree..
Category: Administrative Law | Date: | Hits: 299
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
.... no other bench to take such writ petition for hearing. When the criminal proceeding was launched and pending on the ground of evasion of customs duly and other charges we were the only Bench to take care of such application. We accordingly, entertained the writ petition and heard it. 49. Moreove......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....K) Ltd before shipment from UK and certified to be in good running condition in the Clean Report of Findings (CRF) dated 21-10-1999. The consignment was shipped on board the defendant No.1 vessel for carriage from Hull in the UK to Mongla in Bangladesh. The reading of the plaintiff's cargo commenced......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ..Category: Limitation Law | Date: | Hits: 174
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
.... and this witness went back to his hut in fear. Later he again came back to the place of occurrence and saw deceased Panna bleeding from his right hand side neck. Then the persons who assembled there carried injured Panna to Jora gate. 2/3 days later this witness heard that deceased Panna died in Dh......m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ..Category: Criminal Law | Date: | Hits: 110
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
.... provisions are made with intent to expedite realization of arrear loan from the borrowers in default. The provisions are made in order to short-circuit the long procedure of general law obviously to carry out the purpose of the Order itself………………..(12) Since the law does not make an ......r by an application to be made directly to the 'District Judge' having territorial jurisdiction over the property of the borrower mortgaged or otherwise disposed to the Corporation as security of the loan. A bare reading of Article 27 of the Order does not leave any doubt that the provisions are mad..Category: Property Law | Date: | Hits: 127
Nadira Alam Vs. State, 2010, 39 CLC (HCD)
....le. 7. Mr. Abdul Jalil, the learned Advocate for the petitioner submits that accordingly to the complaint petition, the Global Air Link made an agreement with Air Parabad Ltd. to take rent of four cargo Biman of Six months that the Air link paid Taka 83,00,000 (Taka eighty three lakhs) only to th......nder section 138 of the Act and the complainant can choose any one of the Courts in whose jurisdiction any of the 6 components of the said offence was done. The first occurrence of talk and agreement loan took place at Cox's Bazar and as such the learned Sessions Judge, Cox's Bazar has jurisdiction ..Category: Criminal Law | Date: | Hits: 134
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
.... 14. P.W.4 Mahbub witness of seizure list deposed that he could not remember the date of occurrence. The occurrence took place about one year ago. At about 12/12-30 hours he found a boy sitting in a car at Paikpara. He proved his signature in the seizure list as Exht.1/2. He did not see the recover......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..Category: Criminal Law | Date: | Hits: 103
....hat it is stated that Reliant having in due course procured the goods from a Chinese manufacturer as otherwise specifically identified in each such contracts remained, however, unable to ensure the carriage of the goods to Chittagong within the stipulated contractual time. It is stated that such...... Orders previously made in each of these cases by this Court are also accordingly maintained.
17. There are no orders as to costs.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 64.
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Category: Alternative Dispute Resolution | Date: | Hits: 589
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....pondent Government did not file any written statement butcontested the case by verbal submission contending that the whereabouts of Bahar Ara or her sons were not known and the properties were left uncared for and, as such, it vested in the Government under President's Order No.16 of 1972 and was al......f the holding was paid by 1967 and Clearance Certificate was issued on 3‑5‑67. Respondent No.4 and her sons mortgaged the case holding with House Building Finance Corporation on 11‑2‑69, took loan and constructed building on the holding. She entered into an agreement with the petitioner to s..Category: Property Law | Date: | Hits: 107
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ...... imprisonment. 2. Material facts necessary for disposal of the Rule, in brief, are as under: Respondent No.2, Eastern Bank Limited (hereinafter stated as the Bank) sanctioned and disbursed some loan in favour of Respondent No.3, Gonophone Bangladesh Limited (shortly, Gonophone) and at the time..Category: Civil Law | Date: | Hits: 154
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