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Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)

.... dif­ferent and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ......rom him through the plaintiff at the ill advice of his step mother defendant No.7. The defendant No.1 is a businessman, he deals in umbrel­las at a shop at Anderkilla. The said defen­dant No.1 took loan from Bank by mort­gaging the lands which was gifted to him and his brother, sisters and mother..

Category: Property Law | Date: | Hits: 65

Meghna PET Industries Limited and another Vs. 2nd Court of Artha Rin Adalal and another, 2009, 38 CLC (AD)

....ivision, we do not find any merit in the appeals of the appellant and accordingly the appeal is dismissed with­out any order as to cost. Ed. This Case is also Reported in: VIII ADC (2011) 240. ......differ with the view expressed by the High Court Division. It is further clear from Section 3(3) and 43(b) (i) of the Arbitration Act, 2001 that the contention leading to a case of simple recovery of loan for which a suit has already been filed in the Artha Rin Adalat which is apparently the proper ..

Category: Civil Law | Date: | Hits: 78

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ......use Building Advance to him in November, 1970 to help him construct a dwelling house in the suit land, that with the House Building Advance taken from the IDBP and with his own saving, along with the loan obtained from the then Eastern Banking Corporation and Eastern Federal Insurance Company, the r..

Category: Property Law | Date: | Hits: 110

Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)

....uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......raudulent and collusive. 3. The case of the plaintiff appellants, inter alia, is that the defendant Nos. 7‑9 mortgaged the suit property to the then Standard Bank on 25.8.1969 as security to the loan of Tk. 1, 1165,000.00 incurred by them and their partners for carrying on their business under ..

Category: Procedural Law | Date: | Hits: 67

Nizamul Haque and Others Vs. Singa Bangla Garment Manu­facturing Company (Pvt) Ltd., 1990, 19 CLC (HCD)

....ch the respondent is liable to be wound up. 4. So it is prayed by the petitioners, that the above company be wound up and also for an order for payment of admitted liability of the respondent till realisation of the same from the respondent­ company with interest. In support of the claim of the ......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date. Ed. This Case is also Reported in: 43 DLR (1991) 603. ..

Category: Company Law | Date: | Hits: 190

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....he application under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the plaintiff was that the plaintiff supplied paddy to t......n is never ultra vires of the equality clause. 13. There is also no warrant for the view that the moment the State does an act in trade or engages itself in trade or commerce or gives agricultural loan or distributes rice and food stuff through ration dealers or manages public transport service, ..

Category: Civil Law | Date: | Hits: 87

Yakub (Md.) Ali Howlader Vs. Abdur Rab Munshi, 1990, 19 CLC (HCD)

....accordance with law and be decided at an earlier date. Communicate this order at once. The stay al granted earlier is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 587. ...... Munshi filed an application before the Returning Officer on the very date of scrutiny for the rejection of the nomination paper of the petitioner on the ground that the petitioner had an outstanding loan of Tk. 1,03,370.00 with the Krishi Bank at Shariatpur and therefore disqualified from contestin..

Category: Election Law | Date: | Hits: 156

Abul Kashem Vs. Mafiz Mia and others, 1991, 20 CLC (HCD)

....mary School Centres. The impugned order of the learned District Judge is, accordingly, modified. The parties shall bear their own costs. Ed. This Case is also Reported in: 43 DLR (1991) 523. ......ppeal the learned District Judge, upon a prayer made by opposite party No. 1, allowed an additional evidence to be introduced in the case to show that the petitioner was a defaulter with respect to a loan from Janata Bank, Daudkandi Branch. 6. After having heard the learned Advocate for the parti..

Category: Election Law | Date: | Hits: 139

Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)

....000/‑, that in spite of several letters and legal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amounted Tk. 668118/‑, as on 9.5.83. Hence the suit for realisation of the arrear dues amicably, or by sale of the Mortgage property. 3. The defendant‑......party filed a mortgage suit for recovery of Tk. 668118/‑ from the defendant‑petitioner on the allegations, inter aila, that the petitioner approached the plaintiff Bank to sanction House Building loan to the petitioner by way of overdraft limit which was initially for Tk. 100000/‑ but subseque..

Category: Property Law | Date: | Hits: 90

Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)

....company had to bring a suit being Tide Suit No. 12 of 1986 in the Commercial Court No. 2 Dhaka against Respondent No. 2 and others including respondent No. 4, the Government, praying, inter alia, for realisation of the said amount with. compensation with a further declaration that respondent No. 2 h......he fund made available by the Government would be utilised for the purpose of procuring plant machineries and equipments for the jute mill from the United Kingdom. It was further agreed that the said loan for procuring machinery and equipment would 'he secured by "Rupee debenture" repayable in 36 eq..

Category: Company Law | Date: | Hits: 213

Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)

....uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......hool Teachers of Gobindaganj Upazila and Family Planning Field Workers drew about Tk. 2(two) crore from Sonall Bank, Local Branch in illegal and irregular manner from their provident fund accounts as loan. The Manager, Sonali Bank, Gobindagonj Branch and AGM Gaibandha admitted the fact. The teachers..

Category: Criminal Law | Date: | Hits: 104

Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)

....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......pany subject to compliance of relevant Rules and Regulations and the restrictions which will apply to the said company are indicated below for your guidance: A. Functions: i) Making advances or loans either from own equity or by borrowing within the country or by syndication of foreign exchang..

Category: Criminal Law | Date: | Hits: 125

Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)

....er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......4 had no initial qualification to be either elected or nominated under section 10(2) (g) of the Ordinance, 1977 to file his nomination paper on 5.1.93 as on that date he was a defaulter in paying his loan and as such the acceptance of the nomination paper is illegal and contrary to law. 5. Mr. Mo..

Category: Election Law | Date: | Hits: 126

Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

...., 1st Court, Chittagong in Money Execution Case No. 67 1968 striking out the said execution case. 2. It appears that the said Money Execution Case No. 67 of 1968 was filed by the decree holder for realisation of the sum Tk. 1,11,915/13 with interest on the decreetal dues of TK. 1,03,532.75 in pur......s No. 2 and 3 to the petitioner within two months. The executing Court is directed to proceed with the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460...

Category: Civil Law | Date: | Hits: 103

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

.... mortgaging the suit property; that on the failure of the said company to repay the said loan with interest PICIC filed Title Suit No. 315 of 1968 in the 1st Court of the Subordinate Judge, Dhaka for realisation of Taka 1,64,952.23 by selling the properties of the plaintiff including the suit land; ......plaintiff, his son Abdul Kader and wife Shahida Khatun formed and incorporated in September, 1959 a private limited company under the name of M/s. Dacca Wood Works Ltd; that the said company obtained loan of TV 1,50,000.00 from the Pakistan Industrial Credit and Investment Corporation hereinafter re..

Category: Property Law | Date: | Hits: 69

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

.... J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defenda......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......ust, 1982. On 23rd May 1993 Mr. HW Chowdhury, Assistant General Manager, Bangladesh Shilpa Bank, Dhaka lodged written FIR at the Motijheel Police Station regarding misappropriation of the said Bank's loan of Tk. 37,00,000.00 in respect of loan to M/s. Kalaroa Ice & Cold Storage Ltd. It appears t..

Category: Criminal Law | Date: | Hits: 63

Bangladesh Chemical Industries Corporation & others Vs. Grand Basia Company Limited & others, 1990, 19 CLC (HCD)

....formance of contract is dismissed. There will, however, be no order as to costs. Let the lower Court's records be sent down immediately. Ed. This Case is also Reported in: 43 DLR (1991) 256. ......agh, PS Mohammadpur, Dhaka, "together with its existing assets" and liabilities of Taka nil with Bangladesh Shilpa Bank, Shilpa Rin Sangstha, Commercial Bank being the balance amount of the long term loan taken by the said industrial unit, "as fully described in the schedule 1," hereunder collective..

Category: Property Law | Date: | Hits: 73

Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)

....land. 3. The facts leading to these two suits were as follows: On 23.12.1953 a requisition under section 5 of the Public Demands Recovery Act was sent to the Certificate Officer, Chittagong for realisation of Agricultural Income‑Tax by the Agricultural Income‑Tax Officer. Subsequently ther....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...

Category: Civil Law | Date: | Hits: 79

Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)

....e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......ese defendants have been possessing 18 decimals in the northern portion of the said plot No. 811. They purchased the above portion in 1976 and since then they have been possessing the same. They took loan from the house Building Finance Corporation for Construction of multistoried building there. In..

Category: Property Law | Date: | Hits: 59