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Shahidul Islam Vs. State and another, 2011, 40 CLC (HCD)
....e accused-petitioner. So there is no legal bar to try the offence under same transaction under one case. Moreover, if the offence of same transaction is tried separately, there is possibility of miscarriage of justice, conflict of decisions and misuse of time and money.” 8. In comparison to......t of Upazila Magistrate, Chakoria, Cox's Bazar alleging, inter alia, that both the complainant and the accused were known to each other being inhabitant of same locality and that the accused took a loan of Taka 3,00,000 (three lakh only) from the complainant for his business purpose. On demand o..Category: Procedural Law | Date: | Hits: 114
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
..../S. Detco International, 47E, Road No.11(Banani P.S. Gulshan, Dhaka and 41/1, Dilu Road, P.S. Ramna, Dhaka became known to the complainant in Qatar City in course of business. The complainant used to carry on business in Qatar by residing there for a long time. The accused used to come to the house ......ould take a decision to do the business of N.O.C.-visa. Accused subsequently said in Qatar that he had arranged for one N.O.C. permit and to complete formalities of the permit he wanted to have a loan of some money from the complainant but the complainant expressed his inability. The cunning a..Category: Criminal Law | Date: | Hits: 362
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....perty was handed over to the purchaser respondent who was also allowed to put up a signboard in her own name upon expressing willingness to sell/allot different spaces for market/office/apartment/car parking to the interested persons. The purchaser respondent was also allowed to obtain clearance......property in question with Islami Bank (BD) Ltd. prior to the said agreement, sale deed cannot be executed and registered without releasing the property from the said Bank upon repaying the entire loan. But, however, according to the terms of the agreement, possession in a portion of the said pro..Category: Alternative Dispute Resolution | Date: | Hits: 251
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
....he body of Tofazzal Hossain. He also found marks of injury on the person of Imran, Moushin, and wife of Imdadul Huda and came to learn that Abul Kalam Azad had injured them all. Thereafter by a van‑car they were sent to the hospital for treatment. Tofazzal Hossain on his way to Ghior Hospital died......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....nsured against the maker, that mentioning of date 27 in place of 28 as date of power failure and time, etc., are of minor and immaterial mistakes and those should be ignored, etc. 11. We have very carefully scrutinised and examined the pleadings, evidence, attending materials and circumstances of......g and exporting shrimps and prawns to the foreign countries. The freezing plant of the plaintiff runs by public power supply from Power Development Board (PDB). The plaintiff runs the business taking loan from Janata Bank and the stock of the plaintiff kept in the refrigeration room are insured with..Category: Business or Commercial Law | Date: | Hits: 522
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ally asserted that they are bona fide purchaser for valuable consideration without notice of the earlier contract or mortgage with Islami Bank by his vendor since Ayat Steels Ltd. had pursued due care before its purchase as it requires as per the maxim of "Caveat Emptor" Ayat Steels Ltd. searche......hequered story to tell. The property involved in the suit being Other Class Suit No.3 of 2010 was mortgaged by Capital Ship Breakers Ltd. to Islami Bank (Bangladesh) Limited as co-lateral security of loan availed by M/s. MA Salam and Company; thereafter on 4-11-91 Capital Ship Breakers deposited t..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
....nership Act. Section 19 of the Act runs as follows:- “19. Implied authority of Partner as agent of the Firm.- (1) Subject to the provisions of section 22, the act of a partner which is done to carry on in the usual way, business of the kind carried on by the firm, binds the firm. The autho......nufacturing Company which was previously known as M/s. East Pakistan Aluminium and Iron Manufacturing Company. The defendant No.1 had personal acquaintance with plaintiff No.1 whom he gave personal loan of Tk.45,000/- on different occasions. The plaintiff No.1 returned this amount to defendant No...Category: Business or Commercial Law | Date: | Hits: 349
....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......nses of their two daughters, who were married on the same date. Her husband was a petty contractor and since they needed money for the purpose of the marriage, the house was given as security for the loan and that they had no other house or shelter. She has no other source of income. Their Lordships..
Category: Property Law | Date: | Hits: 120
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... GD No.917 dated 24‑2‑98 was made with Domar police station by informant Merajuddin stating that his daughter Shefali Begum and her husband Abdul Majid were missing after they took Taka 67,290 as loan from RDRS. He contends that non‑production of the said GD at the trial cannot be fatal to the..Category: Criminal Law | Date: | Hits: 112
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....s true that the tax authority is not entitled to reject the assessee's case summarily or arbitrarily or without sufficient reason. It is true that the authority's duty is to examine all the materials carefully and objectively. But if it is found that the authority concerned after careful considerati......on No.11(b) which reads as under: "(b) Whether on the facts and circumstances of the case the tribunal is justified in maintaining addition of Taka 12,50,000 from undisclosed source arising out of loan as the income of the assessee" 2. The assessee is an individual and an industrialist by prof..Category: Fiscal/Taxation Law | Date: | Hits: 200
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......y of the defendant. After the marriage the plaintiff went to live in the house of the defendant and they lived together as husband and wife and the marriage was duly consummated. The defendant took a loan of Taka 12,000.00 from the father of the plaintiff. With the passage of time the defendant beca..Category: Family Law | Date: | Hits: 230
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....he Mills and the aforesaid loan was sanctioned against the first mortgage/charge upon the assets and properties of the Company; that after the denationalisation of the Jute Mills, the Company did not care to repay the loan taken from the BSRS and with a view to realising the outstanding dues BSRS, p......at in the year 1966 Pakistan Industrial Credit and Investment Corporation Ltd. briefly PICIC, predecessor‑in‑interest of the BSRS, sanctioned to the Company M/s Ashraf Jute Mills foreign currency loan for the establishment of a new Jute Mills at Kanchan, Narayanganj and subsequently sanctioned..Category: Company Law | Date: | Hits: 317
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......n 12.12.88 the petitioner moved this application and obtained the present Rule. 4. Mr. Md. Fazlul Karim, learned Advocate for the petioner, submits that since the respondent No.1 was a defaulter-loanee on 10.1.88 he was not qualified to file nomination paper before the Returning Officer under..Category: Election Law | Date: | Hits: 216
Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)
....uction of accused Masudur Rahman Bhuiya, Amiruzzaman alias Niru and Kabir Ahmed and the recovered arms being 7.12.L.M.G. bearing No.0654, one spare barrel bearing No.2091, 3 L.M.G. magazines, 35 live cartridges of L.M.G., one 303 Rifle bearing No.38587, one Rifle cieling (fita), 21 round of Rifle am......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ..Category: Criminal Law | Date: | Hits: 97
Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)
....ich passed a decree may, on the application of the decree-holder, send it for execution to another Court,— (a) if the person against whom the decree is passed actually and voluntarily resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of ......ich the Subordinate Judge and Commercial Court No.1, Dhaka has been given territorial jurisdiction over the whole District of Dhaka (i.e. District Court of Dhaka) in respect of suits relating to Bank loans and other Banking matters. In other words, by this notification the Court of the District Judg..Category: Procedural Law | Date: | Hits: 168
Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)
....y for the reasons best known to him and it is clear that he showed his utter negligence in conducting his case. Such a negligent party killing valuable time of the Court without any reason whatsoever car hardly get any relief as prayed for. The lower appellate Court observed the negligence of the de......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..Category: Procedural Law | Date: | Hits: 170
Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)
.... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......alat Ain, 2003. 2. Facts necessary for the disposal of the rule, in short, are as follows: 3. Petitioner No.1 Messrs Trade Multi Plex and its proprietors petitioner No.2 Rashed Mehfuz Khan took loan of an amount of Taka 4,80,000 from Janata Bank Ltd., Corporate Branch, MK Road, Jessore (herein..Category: Civil Law | Date: | Hits: 157
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......hose outstanding advances in periodical statements as there was no such system prevailing in the computer of the Bank at the relevant time; that taking the advantage of some of the outstanding in the loan account the bank stated a departmental proceeding against the plaintiff and in the process th..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ess and factory address of Messrs Romana Industries Limited. Moreover, those addresses were also used in the plaint as the address of other director-defendants who had contested the suit. 14. On careful scrutiny of the plaint of the suit (Annexure-A to the writ petition) it appears that the pet......irector of the Company. Respondent No.3 by misleading the petitioner managed to mortgage her properties fully described in the schedule of the plaint of Title Suit No.45 of 2003. The Company obtained loan from respondent No.2, Rupali Bank Limited, Ibrahim Mansion Corporate Branch, 11 Purana Paltan, ..Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......is that Mrs. Akhtar Monjura Begum as Managing Director M/S. M.A. Rashid, Abdul Majid Khan, A.B. Siddique, M.A. Jalil and Md. Jafrul Huq as Directors of M/S. Decent Oil Mills Ltd., Pabna applied for loan to the then Industrial Development Bank of Pakistan (now Bangladesh Shilpa Bank) for a loan i..Category: Criminal Law | Date: | Hits: 108
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