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Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......amount before making the claim but the management credit committee of the Bank refused to allow the 75% waiver. On 11.4.1994 the respondent company prayed to Sonali Bank for extension of time for repayment as it defaulted in paying installments because of loss cause Cyclone in 1991. Accordingly,......pondent No.1 company opened a letter of credit on 7.10.1987 for importing machineries which were released by trust receipt. On 23.9.1989 it requested for conversion of trust receipt into a project loan. The petitioner, Sonali Bank by sanction letter dated 30.1.1990 granted the project loan by co..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e provision of section 47 it appears that the intention of the legislature is to give relief to the borrowers in respect of actual of interest, which increases mainly because of default on the part of the bank officials, inasmuch as the loanee being not aware about technicalities as to the a......filing any suit for recovery of its principal loan amount plus more than 200 percent thereon as accrued interest but in the instant case the principal loan amount was Taka 7.50 lac, out of which repayment has been made amounting to Taka 3.50 lac. This balance outstanding stands at Taka 4.00 lac......., against the defendant petitioner for realisation of its outstanding dues from the defendant-petitioner. The suit was filed on 27-3-2003 claiming Taka 38, 06,058 as against the original loan of Taka 7.50 lac sanctioned on 29-4-1990. 3. The defendant-petitioner contested the sui..Category: Civil Law | Date: | Hits: 104
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....d before the High Court Division are that the plaintiff instituted Title Suit No.72 of 1991 in the Court of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injunction restraining the defendant Nos.1 and 2 from transferring......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ......rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ..Category: Property Law | Date: | Hits: 49
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
....from jail and subsequently they have also preferred regular appeals. 7. The High Court Division by the judgment and order passed on 3-4-2005 have been pleased to accept the reference in part so far it relates to Md. Fazal and reject the reference regarding Abdul Jalil and Amiruddin, b...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....d with the management of the same which he would discharge through the appointed Manager and they would share the rent according to their respective shares. The plaintiffs thereafter demanded partition by metes and bounds for several times lastly on 30-6-2006 but the defendants refused......ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......got their names mutated by paying rents and subsequently respondent No. 5 also mutated his name in government sheristas and he kept the property in mortgage to Jamuna Bank, Dilkusha, Dhaka and took loan which is being invested in his business and, as such, the application for temporary injunctio..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
.... 13-9-1999 and was granted bail by the learned trial Court on 30-9-1999 and allowed to contest the case. 6. The trial Court on considering the evidence of the P.W's and D.W's and after hearing the parties found the accused guilty under section 407 of the Penal Code and convicted and sentenced h...... of the School, cheque No. 507364 dated 21-7-1993 for Taka 9,000.00 for development of the School, cheque No. 5075365 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of the School for July, August, September, 1993 and purc......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); Kynaston V. Secretary of State for the Home Department (1981) 73 Cr. App. R. 281); Trawnik v. Lennox ((1985) 1 WLR 532); Malone v. Commissioner of......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ..Category: Intellectual Property Law | Date: | Hits: 233
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....late Court in a suit for declaration of title and recovery of khas possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Daksh......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ..Category: Property Law | Date: | Hits: 36
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... in F.A. No. 11 of 1984 (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditc...... defendant Nos. 6 (ka) - 6(uma) and defendant No. 7 contested the suit. Their contention was that the deed of sale under pre-emption was in fact a deed of mortgage to secure a loan of Tk. 8,000/-on repayment of which defendant No.1 had reconveyed the suit property to defendant No.2 by the two deeds ......while defendant No.2 and defendant Nos. 6 (ka) - 6(uma) and defendant No. 7 contested the suit. Their contention was that the deed of sale under pre-emption was in fact a deed of mortgage to secure a loan of Tk. 8,000/-on repayment of which defendant No.1 had reconveyed the suit property to defendan..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....rent dates he took petrol, octane, mobile distilled water etc. by different receipts without official permission and thereby the government incurred a loss of Tk. 2,900/- on those allegations departmental proceeding No.1/87 was started against the respondent. The respondent was served with a s...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....eted not less than one year of continuous service so discharged, shall be paid by the employer compensation at the rate of thirty days wages for every completed year of, service or for any part thereof in excess of six months, or gratuity, if any, whichever is higher. Explanation.......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ......m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....as an abandoned property. About the whereabouts of the writ petitioner the High Court Division accepted the submission of the writ petitioner respondent that she left the Country in the later part of October, 1971 and thereafter the property was under her constructive possession through her......rected the tenant to pay rents to her. There is also no evidence that any tenant entered into a fresh agreement of tenancy with her after the deed of gift, paid rents to her and that she showed the payment of rent in her income-tax return. There is also no evidence that she ever appointed any ca......gment and order warrant an interference. In the result, the appeal is allowed without any order as to costs. Ed This Case is also Reported in: II ADC (2005) 563. ..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ation dated 24.8.77 deleting the Cinema Hall from the list of abandoned properties and releasing the same in favour of appellant no. 1. He submits that the High Court Division did not consider this part of his submission effectively and properly. 11. Both Mr. Mahbubey Alam and Mr. Akhtar ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....earned Advocate further submits that from the materials on record it would appear that the appeal was dismissed for default due to no fault of the appellant respondent but due to laches on the part of his Advocate. The appellant respondent was not informed by the learned Advocate about the d......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....o.54 of 1985, for release of the said house from Ka List which was registered as Settlement Case No. 566 of 1987 in the Court of Settlement, Dhaka and the respondents herein, who were the opposite parties in the above case, did not contest the above case and after hearing the Court of Settlement......er in possession of a house situated at Plot No. 43, Road No.2, Block-B, Section-1, Mirpur Housing Estate, Mirpur, Dhaka, which he got under a lease deed dated 1.12.1961 for a period of 99 years on payment of full cost of Tk. 2700/- to the Government; while the said Md. Hanif and his wife and so......thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....oduced documents marked Exhibits- 'Ka' and 'Kha'. 5. The trial Court on consideration of the materials and evidences on record and the submissions of the learned Advocates of the contesting parties decreed the suit against the defendant No.1 and ex parte against the rest directing the de......ed consideration amount of Tk. 4,55,000/- the defendant No.1 after execution of the agreement for sale delivered the possession of the suit property to the plaintiff and it was agreed upon that on payment of the balance amount the defendant would execute and register the required sale deed but t...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ntence mainly on the ground of delay in lodging the F.I.R., extraction of confession by the Magistrate after a prolonged detention of the accused respondent in police custody and for failure on the part of the trial court to bring the confessional statement to the notice of the accused responden...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ...... of the Ordinance. 4. On or about 24.5.2001 the writ petitioner made an application before the Member (tax waiver and exemption) of the National Board of Revenue (NBR) for complete exemption from payment of the requisite tax under section 158(2)(a) of the Ordinance. The NBR thereupon by its orde......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....r, who made a settlement of the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading Ful ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
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