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Shasha Textiles Ltd. Vs. Registrar, Joint Stock Companies & Firms, 2010, 39 CLC (HCD)
.... 2. Material facts are that the petitioner is a Public Company Limited by shares duly incorporated on 18-9-2003 under the ComÂpanies Act, 1994. The Company was incorÂporated with the objects, to carry on the business of spinners, knitters, weavers, manufacturers of cotton, silk, woolen and fibr......pledge/lien on any other movable assets of the Company including land, building, plaint, machinery, stocks, goods, shares, FDR, bonds etc. to any schedule bank or financial institution as security of loan(s) and or any credit facility(s) sanctioned/to be sanctioned by them to any subsidiaries the Co..Category: Company Law | Date: | Hits: 132
M/S. Udayan Board Mills Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....earlier by this Court stands vacated. Communicate this judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 365; 18 BLT (HCD) (2010) 266. ......uted a suit being Artha Rin (Mortgage) Suit No.43 of 1996 in the Court of learned Joint District Judge and Artha Rin Adalat, Narayanganj against the defendants praying for recovery of its outstanding loan amounting to Tk. 10,81,560/- along with 20% of interest till realÂisation of the unpaid amount..Category: Civil Law | Date: | Hits: 129
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....sted the convict-petitioner Ejlash Mia and two others namely, Md. Kabir and Farid Ahmed from over the ceiling of the said Farm house of the accused and also recovered two single barrel guns, two live carÂtridges and two empty covers of cartridges which were lying beside them. The accused persons in......tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ..Category: Criminal Law | Date: | Hits: 90
Sarder Mohammad Abdur Rahman and others Vs. Janata Bank and another, 2010, 39 CLC (HCD)
....mi also submits that the learned Appellate Court below committed error of law in not giving effect to the provision of Section 41(1) of the Artha Rin Adalat Ain, 2003 which has resulted in serious miscarÂriage of justice as such the impugned judgÂment and order is liable to be set aside. In suppor......petitioner and the opposite party No.2 auction purchaser in respect of the suit property on condition that the opposite party No.2 would pay Tk. 1,50,00,000/- within December 2004 in the petitioner's loan account with the opposite party No.1 Bank and the petitioner would execute and register the sal..Category: Civil Law | Date: | Hits: 89
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....mitting those point Mr. Nazrul Islam defended the judgments of the Courts below and prayed for discharge of the Rule. 14. We have gone through the judgÂments passed by both the Courts below very carefully. We have gone through the documents submitted by the parties before this Court by suppleme......the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 granted a loan of Tk.900000/= (nine) lac in favour of M/S. Jashim Enterprise and another one. As against the s..Category: Civil Law | Date: | Hits: 112
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....iminal side. 23. The High Court Division may suo motu call for the record of the Court s subordinate to it and set aside any order passed by such Courts in any legal proceeding which has caused miscarriage of justice [Reazuddin Ahmed Md. Vs. State and another 49 DLR (AD) 64 = 1997 BLD (AD) 123]. ...... to earn about more than taka two crores out of those works and he would pay complainant half of the profit if she gave him some money and that the complainant as per the proposal of the accused gave loan of Taka 2,25,00,000 withÂin 23-9-2006 to 21-2-2008. 3. It is further stated that the compla..Category: Criminal Law | Date: | Hits: 99
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anothÂer, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......6 of the Penal Code was started. In that F.I.R. it was alleged, inter alia, that the accused-petitioner had developed close relationship with the informant and on 01.08.2004 asked the informant for a loan of Tk. 20,00,000/- against which he would repay him an amount of Tk. 80,00,000/- after 1 years...Category: Criminal Law | Date: | Hits: 108
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....conducted in the way laid down by the company's constitution. Members are entitled to expect that their board shall perform its functions as a board and that the proceedings of the directors shall be carried out in a normal and orthodox manner. They are entitled to the benefit of the collective expe......xcluded from the revised audit reports. There being other disÂcrepancies in relation to amounts expenses which appear in both the original and revised audit reports with, among others, the amount of loan shown to be advanced by the Respondents to the Company having doubled in the revised versions a..Category: Company Law | Date: | Hits: 177
Eastern Bank Limited Vs. Subordinate Judge and another, 1997, 26 CLC (HCD)
....issuance of licence by the Bangladesh Bank was pending and the said licence was issued on 7‑2‑95. Under the proviso to sub‑section (2) of section 4 of the said Ain a financial institution could carry on its business without a licence when its application for licence was under consideration. In...... 3. Defendant‑petitioner filed an application under Order 7 rule 11 read with section 151 of the Code of Civil Procedure praying for rejection of the plaint on the grounds that the amount was not a loan disbursed by the defendant within the meaning of loan as defined in section 2(Kha) of Artha Rin..Category: Civil Law | Date: | Hits: 119
....municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
......nt takes us through the order sheets of the executing Court and the application under section 34(1) of the Ain, 2003 filed by the respondent-Bank and then submits that admittedly the petitioners took loan by mortgaging huge shares of various companies namely, 1) Rangpur Foundry Ltd., 2) Tripti Indus..
Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ...... 50,00,000/= in the year 1994 under bilateral agreement with the petitioner in order to re-pay the amount in certain terms and condition incorporated therein; but on failure to re-pay the outstanding loan of Tk. 1,45,61,256.18 as on 1/4/1996 the lending bank filed a suit No.35 of 1996 renumbered as ..Category: Civil Law | Date: | Hits: 186
S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)
....ntention has, of necessity, to be gathered from the words used by the Legislature itself. If those words are so clear and unmistakable that they cannot be given any meaning other than that which they carry in their ordinary grammatical sense, then the Courts are not concerned with the consequences o...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..Category: Property Law | Date: | Hits: 134
People's Republic of Bangladesh Vs. Chairman, Court of SettleÂment and others, 1996, 25 CLC (HCD)
....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed and re‑constructed the building thereon by taking loan from the House Building Finance Corporation vide Loan Case No.HBD‑2184 of 1964. The lessee wa..Category: Property Law | Date: | Hits: 113
Ananda Charan Halder Vs. Shubhadra Bachar & others, 1989, 18 CLC (HCD)
....n record I think cannot be disturbed in 2nd Appeal. In the result, the appeal is dismissed, however, without any order as to costs. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 78. ......n be looked into. In the present case document in question has been marked as Ext. A from the recital of his document, it appears that Jatri sold the land to Shubhadra for the purÂpose of payment of loan and for the purpose of Sharadha of her husband after going to Gaiya and for the purpose of her ..Category: Procedural Law | Date: | Hits: 81
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....ro-forma defendant Nos.2-7 executed a Power of Attorney Deed on 9.4.1994 in favour of the plaintiff and appointed him as their attorney to look after, manage, possess, making development and takÂing care of the tea garden. The plaintiff paid installment and took loan from bank and started a company......9.4.1994 in favour of the plaintiff and appointed him as their attorney to look after, manage, possess, making development and takÂing care of the tea garden. The plaintiff paid installment and took loan from bank and started a company wherein the plaintiff has been admitted to be a partÂner of th..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
....ted a consignment of 13 cases of equipments (containing plastic coated panels) under Bill of Lading No.53/T dated 23.1.1975, which was shipped from the Port of Gdansk, Hungary per M.S. "LENINO" to be carÂried to and delivered at Chittagong Port; the ship arrived at Chittagong Port on or about 8.4.1......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Harunur Rashid Bhuiyan Vs. Pubali Bank Ltd, and others, 2010, 39 CLC (HCD)
.... 14. Now coming to the 2n question as raised by Mr. Ezaz Maswood that the petitioner cannot be treated as 3rdparty as contemplated by section 6 (5) of the Ain, 2003. To meet this argument, we have carefully examined the provisions of section 6(5) and other related sections of the Ain, 2003 togeth...... party in the facts and circumstances of the case and law bearing on the subject keeping in mind that the Artha Rin Adalat Ain, 2003 being a special statute providing special forum for realisation of loan granted by financial institution. Mr. Khair Ezaz Maswood has failed to lay his hands on any pro..Category: Civil Law | Date: | Hits: 176
....made on, all the members including himself. Each member is accordingly both an insurer and an insured. Among the wide range of risks covered by P. & I. clubs is liabilÂity incurred by members to cargo-owners for loss of or damage to cargo carried in an entered ship. P. & I. clubs have bodie......ent and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another reported in 55 DLR (HCD) 417 that collectively establish that:
a. without even suing the principal debtor repayment of the loan the creditor may seek to proceed against the guarantor, and
b. the guarantor's liability to..
Category: Admiralty Law or Maritime Law | Date: | Hits: 512
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....under easements act, it has been held that, there was a contract between Railway Administration and a contractor giving licence to contractor to supply refreshments in refreshment room and run buffet cars terÂminable at 6 months' notice. It has further been held in the decision that, under the proÂ......shall ensure that the property is free from all encumbrances. "Clause (iv) the venÂdor hereby affirms and acknowledges that the schedule property has been mortgaged by the vendor as a security for a loan availed from a bank namely Bank Asia Limited Principal Branch, Motijheel Commercial Area, Dhaka..Category: Civil Law | Date: | Hits: 200
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
..... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......ain as such the suit. 3. The Defendant contested the suit by filing a Written Statement denying the material statements made in the plaint contending, inter alia, that the Plaintiffs father took a loan amounting to Tk.70,000/- from the Defendant. There was a stipulation that the said loan would b..Category: Family Law | Date: | Hits: 224
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