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Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....led Arthorin Adalat Case 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......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)

.... "The liability of the principle debtor is co­extensive with that of the guarantor. A creditor is at liberty to pursue either the principal debtor or the guarantor according to his sweet will for realisation of his dues or he can proceed against both of them simultaneously." Learned Advocate ......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)

.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......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

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

....aturk Avenue, Dhaka. 3. In 1982, the Business Turnover Taxes Ordinance 1982 (Ordinance No. XVII of 1982), hereinafter referred to as the Ordinance, was introduced for the purpose of collection and realisation of business turnover tax from the traders who were engaged in the goods and services as ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

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)

....ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......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)

.... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......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

Stadmax Ltd. Vs. General Manager, Credit Information Bureau, Bangladesh Bank & others, 1998, 27 CLC (HCD)

.... Mitsui Bank, Japan to pay LC value to Tokyo Tomin Bank. According to the advice, the full amount was paid. However, the vessel did not arrive with rice and the respondent 2 filed a case in Japan for realisation of the said amount of US$ 17,76,000.00. On 19‑3‑92 a settlement was concluded in Tok......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

Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)

....t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......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)

....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......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

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)

....rtha 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 and hence the Bank or Financial Institution will be more cautious and careful fo......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

Chairman, Bangladesh Water Development Board and others Vs. Md. Abdur Rahman and another, 2008, 37 CLC (HCD)

..... The learned Advocate referred an unreported decision, as passed in a Writ Petition and submits that a worker who has been retired would seek redress under the provisions of Payment of Wages Act for realisation of his benefits consequent upon retirement. He submits that if a remedy has been provide......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 405. ..

Category: Employment/Service Law | Date: | Hits: 166

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......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

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