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Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)

....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ও অপরিশোধিত ঋণ বা দেনা” 23. Definition is simple, straight and unambiguous. In case of bank or any other financial institution the matured debt means matured loan or debt as defined time to time by the Bangladesh Bank. And in other cases, matured debt means ..

Category: Others | Date: | Hits: 185

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....d and order of stay granted therein is recalled and vacated. Parties are directed to bear their own cost. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 530. ......d Commerce International (Overseas) Ltd. (which was then substituted by the Eastern Bank Ltd) for a credit facility of Taka 1,98,03,000 for import of an old ship for scrapping. Said Bank sanctioned a loan of Taka 1,93,19,000 by its letter dated 16‑2‑85. One of the conditions was hypothecation of..

Category: Civil Law | Date: | Hits: 92

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......n in the CIB report. 5. Pursuant to the summons, the defendants appeared and opposed the application by filing a written objection. They contended that plaintiff Beximco Holdings obtained advances/loans against schedule 112 accounts in the names of fictitious persons from different branches of th..

Category: Civil Law | Date: | Hits: 71

Chief Election Commi­ssioner and 3 others Vs. Controller and Auditor General of Bangladesh and 4 others, 2004, 33 CLC (HCD)

.... attaining the age of superannuation that the petitioner Nos.3 and 4 were also Judicial Officers firstly, in the erstwhile Pakistan thereafter in Bangladesh and all of them had a long and meritorious career to their credit in their respective services. After completion of the age of 57 years, they r......already been deducted earlier, on account of pension. In the result, this Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 113. ..

Category: Employment/Service Law | Date: | Hits: 99

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....held. Order of status quo as granted at the time of issue of the Rule on 16-8-99 is recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 80. ......deration to grab the suit land. Sumati ultimately, got back the patta from Kalicharan through litigation up to the Court of District Judge. In the litigations to rescue the suit land, she had to take loan. To repay the loan incurred in litigation, perform the sraddha of her husband and also to maint..

Category: Property Law | Date: | Hits: 64

Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)

....n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623.  ......t") for appointment of an arbitrator. 2. The Petitioner, The Industrialization Fund for Developing Countries ("IFU" or "Fund" as necessary) in due course of its operations provided a Euro 210,000/-loan to a Bangladeshi entity named Comfort Wear International Limited ("Borrower") under a Loan Agre..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)

....er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......n was rejected by the order dated 23-7-95 and so she has obtained this Rule against thereof. 2. Plaintiff in the suit is the City Bank Ltd. and the suit filed on 21-8-91 is for realisation of the loan money of Taka 8,28,611.00 with interest as on 31‑3‑91 taken by Jaidhar Ali since deceased. ..

Category: Procedural Law | Date: | Hits: 67

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....deference of the votes secured by the parties there should not be re-election and the result of the election of the candidate who stood disqualified should be declared void. The contention requires a careful consideration. When a Tribunal or Court is confronted with a situation as to what could happ......site Party No.2 Mr. Faizur Rahman on the ground that he incurred disqualification under section 7(2)(g) of the Local Government (Union Parishads) Ordinance, 1983 and was a defaulter in payment of the loan taken from Sonali Bank, Muktagacha Branch. The allegation was enquired into and by memo No.516 ..

Category: Election Law | Date: | Hits: 148

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

....hicle bearing No. Dhaka Metro-Ga-11-1790 was shown at Tk. 13,89,000/-, but the actual value thereof was Tk. 15,87,542/95 i.e. he concealed an amount of Tk. 1,89,542/-. He also showed the value of his cargo-vessel namely Tonmoy-1 at Tk. 60,00,000/-, but upon measurement its value was found at Tk. 1,6......lant No.1, who deposed with regard to submission of the statement of assets. PWs. 4-9 were the Manager and other officers of Banani Branch, Premier Bank Ltd, who deposed with regard to sanction of loan for purchase of two cargo-vessels. PW-10 was the Senior Principal Officer, Kawran Bazar Branch,..

Category: Criminal Law | Date: | Hits: 108

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....at the suit by a citizen cannot be maintained. 11. A citizen becomes a voter when he is en­rolled on the election roll for a ward and the electoral roll is prepared by the Election Commission for car­rying out of the purposes of the election law. So the rights of a voter cannot be conceived of ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..

Category: Election Law | Date: | Hits: 207

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

.... there was a contract between the parties, whether the plaintiff himself cancelled the contract and whether the plaintiff is entitled to the re­lief prayed for or is entitled to a mere return of the car-nest money. There was no controversy so far as to whether the contract entailed a hardship on th......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... view of the fact that the impugned licence of the plaintiff‑respondent has already been cancelled by defendant No.3 and in view of the facts that the plaintiff has already been evicted from Buffet car, Restaurant Car, Confectionery stall and Refreshment Room at Dhaka Station on 2.1.91 and defenda...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..

Category: Civil Law | Date: | Hits: 72

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....ted. He relied upon section 6. Section 6 is as follows: "The High Court of Admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of any goods carried into any port in England or Wales in any ship, for damage done to the goods or any part ther......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

....appearing from Exhibit 2 as to appellant's present and permanent address Exhibit 5(3) showing the address to which the notice of demand had allegedly been sent, Exhibit 6(2) the postal acknowledgment card showing, address where the registered letter was sent and relevant oral evidences on record, th......se No.13 of 2002 in the Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. B..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....imported by the Commercial Importer. The order of the Commissioner of Customs being appealable under section 193 of the Customs Act, the instant writ petition is not maintainable. The moment the ship carrying the goods enters into the territorial waters of Bangladesh it would be subject to the contr......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... as suffering from lack of jurisdiction; IV. Whether the High Court Division acted illegally in setting aside the orders passed by the Artha Rin Adalat, inasmuch as any bank, in order to recover a loan, would file an Artha Rin Suit in the Artha Rin Adalat and the suit filed by a bank in the Artha..

Category: Civil Law | Date: | Hits: 59

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

....we answer the question Nos. 2 and 3 in the affirmative and against the assessee. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ssee submitted statement disclosing net property income at Tk. 35,337.00 and claimed deduction of Tk. 6,600.00 as expense for keeping Darwan and Sweeper. He also claimed deduction of interest on bank loan and life policy loans for Tk. 1805.00. The Deputy Commissioner of Taxes assessed the income of ..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....case. Not only that at the order of the executing Court respondent No.2 also paid TK. 12,38,578.49 in favour of the decree-holder but the execution case was dis­posed of on full satisfaction without car­ing to deliver possession of the mortgaged property to her. The petitioner being the judgment-d......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ......i. Defendant No.1 on the strength of the power of Attorney, transferred the suit land to defendant No.2 on 6‑2‑1990. After approval of the plan by "RAJUK" defendant Nos. 1 and 2 got a sanction of loan of Taka 16,65,000 from the House Building Finance Corporation (shortly HBFC) and started constr..

Category: Civil Law | Date: | Hits: 68

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......against the candidature and nomination paper of respondent No.8 namely Mohiuddin Sikder Babul with the statement alleging that the said Mohiuddin Sikdar took an amount of Taka 6000.00 as agricultural loan on 11.1.92 from Krishi Bank on condition for repayment of the same with interest within the spe..

Category: Election Law | Date: | Hits: 153