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Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

.... Zahir, Advocate—For the Respondent No. 2. Appeal from Original Decree No. 415 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 d......, Advocate—For the Respondent No. 2. Appeal from Original Decree No. 415 of 1996. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against judgment and decree passed by Artha Rin Adalat No. 2. Dhaka in Money Suit No. 34 of 1992. The Adalat by judgment dated 29-8-1996 decreed......missed with costs. The judgment and decree passed by Adalat is hereby affirmed. Send down the lower Court records expeditiously. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 25. ..

Category: Banking Law | Date: | Hits: 136

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ore this Court furnishing Bank guarantee before the trial Court. 3. The learned Advocate appearing on behalf of the appellants-petitioners submits that as the suit was filed and disposed of by the Artha Rin Adalat under the Artha Rin Adalat Ain the defendants had to file the Bank-guarantee for en......is Court furnishing Bank guarantee before the trial Court. 3. The learned Advocate appearing on behalf of the appellants-petitioners submits that as the suit was filed and disposed of by the Artha Rin Adalat under the Artha Rin Adalat Ain the defendants had to file the Bank-guarantee for enabling......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ..

Category: Banking Law | Date: | Hits: 108

Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)

....gment and order dated 26.11.2008 passed in Writ Petition No.10220 of 2007 by the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Adalat, Bogra, in Money Execution Case No.142 of 2000 allowing the application filed under......and order dated 26.11.2008 passed in Writ Petition No.10220 of 2007 by the High Court Division making the Rule absolute and thereby setting aside the order No. 60 dated 28.10.2007 passed by the Artha Rin Adalat, Bogra, in Money Execution Case No.142 of 2000 allowing the application filed under Secti......ly. In the facts and circumstances of the case, we do not find any merit in the appli­cation. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623...

Category: Civil Law | Date: | Hits: 79

Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)

....CJ Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdur Rashid alias Abdur Rasheed……………………...Petitioner Vs. Judge, Artha Rin Adalat No.1, Chittagong, Police Station-Kotwali, District-Chittagong and Another…….......... Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdur Rashid alias Abdur Rasheed……………………...Petitioner Vs. Judge, Artha Rin Adalat No.1, Chittagong, Police Station-Kotwali, District-Chittagong and Another…….........R....... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 611...

Category: Civil Law | Date: | Hits: 77

Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)

.... Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdur Rouf ……………..........Petitioner Vs. The Judge of Artha Rin Adalat No.1, Dhaka, Judge Court Compound, P.S. Kotwali, District-Dhaka and others ..............mmad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdur Rouf ……………..........Petitioner Vs. The Judge of Artha Rin Adalat No.1, Dhaka, Judge Court Compound, P.S. Kotwali, District-Dhaka and others .................... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548...

Category: Civil Law | Date: | Hits: 73

Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)

....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545.......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...

Category: Property Law | Date: | Hits: 21

Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To-......ivision (Special Original Jurisdiction) Present: Abu Sayeed Ahammed J Khademul Islam Chowdhury J Star Medical Store………………….Petitioner Vs. Subordinate Judge, Artha Rin Adalat and others…….Respondents Judgment January 18, 2001. Cases Referred To- Ha......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...

Category: Civil Law | Date: | Hits: 93

Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)

....Not represented—the Opposite Party. Civil Revision No.4338 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the inter......presented—the Opposite Party. Civil Revision No.4338 of 1997. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the Subordinate Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest an......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...

Category: Civil Law | Date: | Hits: 92

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....f August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1, Dhaka in Title Suit No.169 of 1999 decreeing the suit for the sum of TK.2,42,......st, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1, Dhaka in Title Suit No.169 of 1999 decreeing the suit for the sum of TK.2,42, 28,43......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..

Category: Banking Law | Date: | Hits: 95

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

.... and Investments stood at TK.95, 19,880.00 as on 1.10.2006. The Company failed to pay its loans and owes a sum of TK. 19,98,155.13 to Eastern Bank Limited which prompted the Bank to file a suit being Artha Rin Suit No.219 of 2006 before the Artha Rin Adalat No.3, Dhaka against the Company and others......nvestments stood at TK.95, 19,880.00 as on 1.10.2006. The Company failed to pay its loans and owes a sum of TK. 19,98,155.13 to Eastern Bank Limited which prompted the Bank to file a suit being Artha Rin Suit No.219 of 2006 before the Artha Rin Adalat No.3, Dhaka against the Company and others for r......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

....s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ...... the following effect ‘The agreement is subject to the approval and necessary amendment to the company’s Articles of Association by the present share holders of the company, the Bangladesh Shilpa Rin Sangstha and the Investment Corporation of Bangladesh and the rescheduling of the principal amou......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)

....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..

Category: Procedural Law | Date: | Hits: 78

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..

Category: Property Law | Date: | Hits: 17

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....titioner filed Miscellaneous Appeal No. 89 of 2003 and the respondent No.1 preferred Miscellaneous Appeal No. 83 of 2003 before the learned District Judge, Noakhali. The learned Joint District Judge, Artha Rin Adalat, Noakhali heard both the appeals analogously and by judg­ment and order dated 24th......er filed Miscellaneous Appeal No. 89 of 2003 and the respondent No.1 preferred Miscellaneous Appeal No. 83 of 2003 before the learned District Judge, Noakhali. The learned Joint District Judge, Artha Rin Adalat, Noakhali heard both the appeals analogously and by judg­ment and order dated 24th Janua...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....05.12.2007 passed in Writ Petition No. 3868 of 2004 by the High Court Division discharging the Rule. 2. The Rule arises out of the order dated 12.04.2004 passed by the Joint District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Ri......2007 passed in Writ Petition No. 3868 of 2004 by the High Court Division discharging the Rule. 2. The Rule arises out of the order dated 12.04.2004 passed by the Joint District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit......with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ..

Category: Civil Law | Date: | Hits: 121

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......ion summarily filed under Article 102 of the Constitution. 2.  The facts leading to the filing of the writ petition are that the Agrani Bank Limited filed a suit under the provisions of the Artho Rin Adalat Ain, 2003, against M/S. Oyester Fashion Limited and others, praying for a decree for Tk. ...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..

Category: Banking Law | Date: | Hits: 77

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..

Category: Property Law | Date: | Hits: 21

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....ay without having decree from court. Even the hire purchase deed itself does not empower respondents to sell those valuable assets of the petition­er in a managed auction under Sections 12 and 33 of Artha Rin Adalat Ain, 2003. 5. The Managing partner of the petitioner Md. Liaquat Ali subsequ......hout having decree from court. Even the hire purchase deed itself does not empower respondents to sell those valuable assets of the petition­er in a managed auction under Sections 12 and 33 of Artha Rin Adalat Ain, 2003. 5. The Managing partner of the petitioner Md. Liaquat Ali subsequently ......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

....hat the petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attach­ing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 o......e petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attach­ing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84