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Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....972 (PO No. 129 of 1972), Article 34(1) The Bangladesh Shilpa Bank (Direct Sale of Mortgaged Property) Rules, 1980, Rules 3, 4 & 7(3) Mere irregularity in holding the sale by public tender, particularly as alleged in the present case, does not divest the Bank of its power to sell the prope......81. The vessels arrived in Bangladesh and started operating from 1980-81. It appears that the petitioners paid the Bank a total amount of Tk. 72,10,349 but then there were defaults made in making the payment. On 10.11.87 the Bank issued notice to the petitioners under Article 34 of the Bangladesh ......le in Writ Petition No. 74 of 1989. 2. Material facts of the case, briefly, are that the petitioners acquired two cargo carrying vessels Fairtech I and II, from Japan having taken foreign currency loan of US $ 6,30,000,00 from the Bangladesh Shilpa Bank, respondent no. 1 on 30.12.78 for the sai..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... of 1988. 2. Material facts of the case are that the respondent, who was a Superintending Engineer and working as Additional Chief Engineer (holding current charge) of the Roads and Highways Department was dismissed from service by the Chief Martial Law Administrator under Martial Law Order...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....of the High Court Division with that it had no jurisdiction is set-aside. Writ petition was maintainable……………(8,12 & 15) Cases referred to: Regina Vs. Medical Appeal Tribunal, Ex parte Gilmore (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bh....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....hed to it as pointed out ceaselessly by the defence. 6. Leave was granted to consider whether the only evidence against the appellant being the alleged dying declaration, the High Court Division departed from the well-recognized norms in ignoring the admittedly serious and gross infirmities whi......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......ame guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by Public N...... for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of their banking business sanctioned loan of Tk. 25,00,000/- to the defendant No.1, the petitioner No.1 herein, and as security for the..Category: Banking Law | Date: | Hits: 101
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......etion of entire work of the project when the final bill would be submitted, the authority (IPSA) would be at liberty to adjust/deduct any excess amount if paid to the respondent in making payment against running bills. 10. In the above facts and circumstances of the case, the le......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.....- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to gr......espondent instituted Other Class Suit No. 66 of 1992 in the 1st Commercial Court of Subordinate Judge, Chittagong for recovery of money, declaration of right of pension and mandatory injunction for payment of pension contending, inter alia, that he joined in the service of the erstwhile Muslim C......993 whereby the material plaint allegations were denied and it was contended, inter alia, that there was neither any malafide nor any grudge behind the order of termination; that unauthorized loan advanced by the plaintiff shall be adjusted out of his dues and the balance shall be paid to h..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....or setting aside the order of his dismissal dated 30.12.1993 passed by the respondent. The petitioner while serving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitt...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....ficates are lying with the said Agrani Bank. 6. The respondent No. 2 by his letter dated 31.07.2000 addressed to the respondent No. 6 confirmed deposit of share certificates equal to their equity participation against Tk.534.96 lacs with the Bank and requested the Bank to return the aforesaid 1,......e petitioner (Respondent herein) at his option was entitled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the respondent Nos. 2 and 3 to transfer shares from their own shares as well...... subscriber shareholders were 1. Mr. Zillur Rahman Chowdhury, 2. Mr. Md. Mojibur Rahman, 3. Mr. Shafiur Rahman and 4. Mr. Shamsul Hoque with 5000 shares out of 20,000.shares. 5. In order to enjoy loan facilities from the Agrani Bank, which sanctioned a project loan of Tk. 4, 61, 66, 0007- on 1st..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ssing the suit upon reversing the judgment and decree dated April 28, 1985 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30,......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....00 metric tons of Crude Palm Olin, 2992.425 metric tons were off loaded with the account of the plaintiff and 5386.404 metric tons with the account of M/s. M.M. Vegetable Oil Products Ltd. and also parties signed the out-turn report and M/s. Overseas Cargo Inspectors Ltd. submitted a survey repor...... proceedings and accordingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaintiff paid necessary fees and also made payment of river tax to Chittagong Port and that the defendant No.6 declared about storing of the g......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....co-sharer by inheritance. 4. The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugn......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....arge. Thereafter he filed aforesaid criminal miscellaneous case before the High Court Division under Section 561A of the Code of Criminal Procedure. The High Court Division after hearing the parties discharged the rule. Hence is this petition. 6. In support of the petition Mr. Abdus ......0/- and TK. 3, 97, 875/- on 25 August 1997 and that the cheque of TK. 50, 000/- was honored while the cheque of TK. 3, 97, 875/- was dishonored more than once and in the mean time the due time for payment of the installment also expired and, institute the respondent No. 1 felt constrained to ins...... the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mill took a loan of (TK. 33,44,000/- +11,000/-)= TK. 33,55,000/- and he failed to clear the dues for which the ..Category: Criminal Law | Date: | Hits: 44
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....der. 2. The facts, in short, are that the respondents as petitioners filed the aforesaid writ petitions stating, inter alia, that to protect loss of crops due to insect pests the Extension Department of the Ministry of Agriculture started a project named "Strengthening Plant Protectio......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
.... entered into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra D......red into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra Dutta ......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
....2 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Ki......rused the judgment of the High Court Division and other connected papers. 5. By the proposed amendment the plaintiff added a prayer for declaration of title in the suit for partition and for payment of advalorem court fee accordingly. The High Court Division while allowing the prayer for ......mstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a correct decision. Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for temporary injunction, so that they could not be evicted from the suit property and that the suit was fixed for ex-part hearing on 25.04.2000 when the defendant petitioners filed written statement and thus took of...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....alf of the writ respondents though the learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of the High Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after r......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....Prabhat Chandra Shil the vendor of the defendant Nos.1 and 2 was a barber and he was a permissive possessor of .10 acre of land under Barada Kanta Chakravarty, that the land in suit was never partitioned by metes and bounds amongst the co-sharers and the plaintiffs are in possession of less......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....at on receiving approval the respondent No. 2 The Executive Engineer, Sylhet P.W.D. Division asked the writ petitioner in 5 separate letters dated 18.03.2004 to deposit in part the bid money in respect of 5 items and the writ petitioner accordingly deposited the bid mone......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
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