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.... can protect his right and title in that property by filing proper suit in a proper forum."
The petition is dismissed.
Ed.
This Case is also Reported in: 66 DLR (AD) (2014) 213.
......ttagong in Artha Rin Suit No.70 of 2008 filed by respondent No.3, herein, Social Investment Bank Limited against respondent No.4, namely, Nurul Islam Chowdhury for realization of the outstanding loan. The mortgaged property was sold in auction for the purpose of realization of the decretal amou..
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ......rejecting the application filed under section 57 of the Artha Rin Adalat Ain, 2003 (the Ain, 2003) for cancellation of the auction sale held on 10-11-2008 and allowing him to give chance to repay the loan amount. 3. From the impugned judgment and order of the High Court Division, it appears tha..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....the business of Western Union in Bangladesh by way of advertisement and also developed the market for service and enhancing the customer interest through its service. Plaintiff and defendant agree to carry but joint marketing programme amongst the Bangladeshi origin. The cost of such programme have ...... under the Companies Act, 1913. Defendant Bank as a schedule Bank, under the supervision and monitoring of Bangladesh Bank participates in various service such as, keeping deposit of money, providing loan facilities for multipurpose, monitory transactions of share business, open L/C for export and i..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ......etition No.6385 of 2010 discharging the Rule. 2. The facts relevant for the purpose of disposal of this civil petition for leave to appeal, in a nutshell, are: The writ-petitioners obtained loan of Taka 4, 82,011.20 from respondent No.1, HBFC (House Building Finance Corporation) payable wi..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
AKM Mosharraf Hossain Vs. State & another, 2013, 41 CLC (HCD)
....igating officer in their office and their head office is situated in the BCIC. Bhabon. He further deposed that as per requirement of the Investigating Officer, he supplied the specimen signature card of the convict-appellant although they could not allow any outsider to verify those cards.......nvict-appellant took advance (the term অগ্রীম) from his parent organization. The word advance is nothing but a synonym to be take money at a time from provident fund or other type of loan such as car advance etc. In this respect the P.W. 8 Osman Gani deposed in his cross-examination..Category: Anti-Corruption Laws, Criminal Law | Date: 10 Oct, 2013 | Hits: 3
....he property has not yet been delivered to the bank or the auction purchaser pursuant to execution of sale deed, the dispute may be settled by the bank with the consent of the auction purchaser taking care of the purchaser's interest by way of execution of a deed of reconveyance by the purch......that time no information was obtained from the local sub-registration office before holding the auction.
The bank in selling the properties of the borrower placed to the bank as security against loan ought to have acted fairly and reasonably at least in determining the value of the propert..
Category: Others, Procedural Law | Date: 8 Oct, 2013 | Hits: 8
ATM Nazimullah Chow¬dhury Vs. State & another, 2013, 42 CLC (HCD)
....monthly pay bills of Jewel and Shamsul Haque would ensure the payment of the salaries through cash cheques and by the order of the accused-Ambassador, the cash cheques were encashed by the staff-car driver of the Embassy, namely, Lutfor and afterwards the salaries were handed over to the accuse......eps to secure his arrest. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 500. ..Category: Criminal Law, Procedural Law | Date: 1 Aug, 2013 | Hits: 5
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......tha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (hereinafter referred to as Adalat) against the respondent Nos. 2-10 praying for a decree for recovery of outstanding loan of Taka 64.28 lakh. The suit was decreed ex parte on 24-8-2004 (Annexure-B).
3. The petiti..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Sahab Uddin (Md.) Vs. State and another, 2013, 42 CLC (HCD)
....ce during the trial. In view of the above, we find no merits in the leave petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 86. ......of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the Negotiable Instruments Act, 1881 (the Act, 1881), alleging, inter alia, that in order to repay a loan due to him, the accused issued three cheques in his favour. All the cheques were drawn on Islam..Category: Civil Law | Date: 11 Jun, 2013 | Hits: 14
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......Bima Bhaban (2nd Floor), Dhaka-1000 (respondent No. 3), as plaintiff, filed Artha Rin Suit No.145 of 2011 before the Artha Rin Adalat No. 3, Dhaka against the petitioner and others for realization of loan of 45, 83,628.47 as on 31-3-2011. The petitioner was impleaded in the said suit as defendant No..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. .......1-2 in the first part of the year 2003 told the plaintiff that they have good relation with the Manager and other officials of the House Building Finance Corporation and thus, they can manage to get loan of Taka 10/15 lakh, from the House Building Finance Corporation. The plaintiff then being a hel..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
ABSCO Limited Vs. Artha Rin Adalat No.2, Dhaka & another, 2013, 42 CLC (HCD)
....charged without any orders as to costs.' Communicate the judgment to the court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 9. ......-7-2009 upon the petitioner demanding payment of the outstanding dues as mentioned above and finally instituted Artha Rin Suit No. 276 and 277 of 2010 against the petitioners for recovery of the loan. 5. The petitioners as defendants appeared in both the suits on 7-2-2010 and prayed for ti..Category: Corporate Law, Others | Date: 15 May, 2013 | Hits: 8
....made on proper appreciation of law and facts do not call for interference.
Accordingly, the leave petition is dismissed.
Ed.
This Case is also Reported in: 19 BLC (AD) (2013) 1.
......idered section 19(2) (Jha) of the Local Government (Pourashava) Act, 2009, the High Court Division came to a finding that the exemption provided for in that section is only in respect of agricultural loan and that loan for the purpose of manufacturing handicrafts does not come within the exempt..
Category: Election Law | Date: 7 May, 2013 | Hits: 6
Abdul Mukid (Md.) Vs.. Artha Rin Adalat Khulna and another, 2013, 42 CLC (HCD)
....d or certificates issued by the said Artha Rin Adalat also resulted in nullity. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 211. ....... Respondent No.2 filed an application under Article 27 of the President Order No.7 of 1973 against the father of the petitioner before the Artha Rin Adalat, 2nd Court, Khulna for realization of loan of Taka 11, 32,972.25. Accordingly, the Artha Rin Adalat registered the same as Miscellaneous C..Category: Corporate Law | Date: 21 Apr, 2013 | Hits: 4
Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
.... found the time was of the essence and that there was no extension of time by agreement of the parties the appellant was not in breach of his contract, but that the respondent was not willing to carry out his part during its currency. On construction of the agreement it was concluded that ......n amount within a period of 6(six) months for releasing the property from HBFC; that the plaintiff had failed to perform his part of the agreement, and as the agreement was executed to repay the loan and other liabilities, the plaintiff having failed to pay the balance amount with the stip..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Mohidul Islam (Ripon)(Md.) Vs. State and another, 2013, 42 CLC (HCD)
.... the accused-petitioner attracting elements of offences under sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004, the impugned criminal proceeding cannot be quashed. 8. We have carefully perused the grounds taken for quashing the impugned proceeding along with the documents an......learned Advocate appearing on behalf of the accused-petitioner, submits that "the accused-petitioner did not submit any false statement of properties, rather the value of the properties and loan liability were shown correctly at Taka 3,65,500 and Taka 8.50 crore respectively but without co..Category: Anti-Corruption Laws, Criminal Law | Date: 17 Jan, 2013 | Hits: 3
Abul Khair Chandu Vs. State and another, 2013, 42 CLC (HCD)
....riminal case by putting a new number may be an irregularity and technical defect. But for that reasons alone, it should not be quashed preventing the complainant from seeking justice. 8. We have carefully gone through the grounds taken in the application under section 561A of the Code of Crimin......iness man of dry fish, was a composite limited holder of the Islami Bank, Saidpur Branch. The informant Bank invested Taka 58, 84,355 in the dry fish business of the accused-petitioner in the form of loan on the assurance of refunding the money within one year. But he failed to repay the amount of l..Category: Banking Law, Criminal Law | Date: 7 Jan, 2013 | Hits: 2
Md. A.K. Azad Vs. Kaptex Limited and others, 2012, 41 CLC (AD)
....shall stand discharged from its liability" is hereby expunged. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 36. ......any Court directed the Jamuna Bank Limited "to encash the FDR as per request made, vide letter dated 27th December, 2011, by the Managing Director of the respondent No.1 company, and to adjust the loan (if not adjusted by this time in any other manner) and to disburse the FDR proceeds amongst th..Category: Company Law | Date: 12 Dec, 2012 | Hits: 30
Muzibul Haque (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....s Division at the time of issuance of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 138 ......of issuance of the Rule, the impugned auction notice dated 31-3-2010 (Annexure-A) was stayed. 3. The background leading to the Rule, in short, is that the petitioner applied for sanctioning loan against his project Gopalpur Poultry & Fishery Complex Ltd. to the respondent No. 2, Islami..Category: Banking Law | Date: 6 Dec, 2012 | Hits: 3
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......iff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recovery of its dues amounting to Taka 1,17,176 with interest on the averments that Gokul Chandra Roy availed of loan from Rupali Bank Limited, Monsa Bazar Branch in 1996 subsequently the plaintiff bank on the pra..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
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