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Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....iza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The case o......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ..Category: Family Law | Date: | Hits: 214
....nce and disregarding the law of the land and in the process not to pay any money to the bank. The respondent No. 3 has filed Money Suit No. 74 of 2002 in the Court of Artha Rin Adalat, Chittagong for realisation of Taka 78,59,661.57 and, as such, the Rule should be discharged. An alternative equally...... Credit Information Bureau of Bangladesh Bank for publishing their names as defaulter. In the credit information report the petitioners' names were published under default Code No. 37658 but the said loan has been repaid and hence it is not being challenged in this writ petition. Unless the operatio..
Category: Business or Commercial Law | Date: | Hits: 251
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......te sheet, he submits that nowhere in the said note sheet it has been mentioned that 45 machineries were transferred by shifting any business concern rather, admittedly, 8 machineries were borrowed as loan from the sister concern of the petitioner company which were not old and, as such, the same doe..Category: Fiscal/Taxation Law | Date: | Hits: 93
Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
....shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......he title papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite party Nos. 1 and 2 filed written statement alleging that they acquired the property by taking loan from their father Abul Kashem; that the loan was repaid by the defendants and the title papers ..Category: Property Law | Date: | Hits: 131
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....from the date of receipt of this order in accordance with law. Ed. This Order is also Reported in: 63 DLR (AD) (2011) 99, 31 BLD (AD) (2011) 49, 16 MLR (AD) (2011) 151, 8 LG (AD) (2011) 119. ......ee is a nullity in the eye of law for the following reasons: i) No attempt was made to serve the summons upon the defendant-petitioner, ii) Sonali Bank never guaranteed the repayment of the loan enjoyed by the defendant Nos. 1,3 to 5 from Uttara Bank Ltd. iii) The endorsement on the bac..Category: Civil Law | Date: | Hits: 102
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ore the Bankruptcy Court, Chittagong impleading the petitioner and his sole proprietorship firm Messrs MA Salam and Company as defendant Nos. 1 and 2 respectively for declaring them, as bankrupts for realisation of Taka 7,74,81,583 from the defendants. In the plaint it is stated, inter alia, that th...... cause of action of the suit arose at the office of the plaintiff-respondent at Strand Road, Chittagong firstly, on 8-4-1995 when the application was filed in the office of plaintiff-Bank for opening loan sanction account and then on 25-7-1995 when the Bank awarded the defendant LIM benefit and ther..Category: Civil Law | Date: | Hits: 131
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....s argued by the petitioner that section 9(1) (i) is prone to produce discriminatory result for want of policy or guideline as to who among the debtors generally can be proceeded for bankruptcy or for realisation of the debt by the Artha Rin Adalat. It becomes apparent that Mr. Razzaque seeks to make......he petitioner company its 35% shares are still held by the government represented by 3 (three) directors on the board of directors of the petitioner company. 4. The petitioner company obtained the loan by way of working capital for Taka 29.40 crore to tide over the bad days in the jute industries..Category: Civil Law | Date: | Hits: 125
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ppeal from the judgment and order passed by me and, in the meantime, the parties are directed to maintain status quo in all respects. Ed. This Case is also Reported in: 58 DLR (2006) 117. ......eiver of the Supreme Court of Bangladesh as the official liquidator of the said Company in liquidation. But in the meantime the BSRS had sold out the Mills to a third party to recover its outstanding loan from the Company. The official liquidator took possession of the office of the Company situated..Category: Information Technology Law | Date: | Hits: 324
Yusuf Jamil Babu Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 102. ...... the post of Chairman, Daudkandi Upazila Parishad, Comilla. On the date of scrutiny on 17.12.2008, the nomination paper of the petitioner was cancelled by the Returning Officer on the ground of being loan defaulter under Section 16(2) (ঘ) (ঙ) of the Local Government (Upazila Parishad) Ordinance,..Category: Election Law | Date: | Hits: 116
Islami Bank Bangladesh Ltd. Vs. Shohag Medicine Supply and others, 1998, 27 CLC (HCD)
.... the Judgment and decree passed by the learned Subordinate Judge and Artha Rin Adalat No.2, Khulna in Title Suit No.33 of 1990. The Adalat by judgment dated 30-9-90 decreed the suit in part directing realisation of Taka 1,64,925.00 from the defendant. 2. The short fact leading to this appeal is t......it charged on the selling of the medicines. Out of this amount of Taka 1,75,925.00 the defendant No. 2 paid only Taka 11,000.00. Then a notice was issued on 25-14-89 asking the defendant to repay the loan with profit as earlier agreed upon. But on 15-8-90 defendant No. 2 refused to pay anything. He ..Category: Banking Law | Date: | Hits: 199
Concord Engineers Construction Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....stions raised in these references in the negative and in favour of the assessee applicant. The parties are left to bear their own cost. Ed. This Case is also Reported in: 52 DLR (2000) 562. ......see submitted their return showing total income at Taka 71,90,576 which was assessed by the Deputy Commissioner of Taxes at Taka 93,00,504 and disallowed interest of Taka 4,47,430 paid on capital for loan borrowed. 4. Similarly, Reference No.38 relates to assessment year 1989-90. In that year ret..Category: Fiscal/Taxation Law | Date: | Hits: 135
Ershad Ali Vs. State, 2000, 29 CLC (HCD)
.... as agreed upon but imported second hand engines and construction of the vessels was not completed within the stipulated time. The Sangstha filed an application under Article 33 of PO 128 of 1970 for realisation of the loan against the Shipping lines and the Dockyard for money had and received by th...... Shilpa Rin Sangstha briefly the Sangstha AC Ms Tapashee Shipping Lines Ltd. briefly the Shipping lines (the purchaser) and Dira Dockyard & Engineers Ltd. (the builder) for building 2 coasters, a loan of Taka 70 lac was sanctioned in favour of the shipping Lines on certain terms and conditions. ..Category: Criminal Law | Date: | Hits: 38
Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)
....n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ......k Company Act to show cause as to why necessary action should not be taken against the Board of Directors of Arab Bangladesh Bank for acting contrary to the depositors interest by approving irregular loan facilities to Messrs, Marshall Services for purchasing JAS Distilleries Limited from BSRS. A tr..Category: Employment/Service Law | Date: | Hits: 79
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....of the fine, the very legislative intent for imposition of the fine shall stand negative. The imposition of the fine by a Criminal Court upon the accused as a financial punishment is meant for prompt realisation of the fine as a public due in a summary way under the provisions of section 386 of the ......his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510...Category: Criminal Law | Date: | Hits: 88
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
.... may be set out which are as follows: (a) The opposite party of the Rule as plaintiff laid a suit being Family Suit No.86 of 1990 before Family Court and Senior Assistant Judge, Comilla Sadar, for realisation of dower money and maintenance impleading her husband as defendant in the suit. The defe......en absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Order of stay stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (2000) 453...Category: Procedural Law | Date: | Hits: 67
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....d by the Bank and the appeal has been allowed by this Court maintaining the decree in respect of principal amount and only modifying the rate of interest from the date of institution of the suit till realisation. 12. On scrutiny of the pleading and evidence on record we find that the plaintiff to......ich is the creature of President’s Order 27 of 1972. 3. The plaintiffs case in short is that for the purpose of extending and improving his cold storage for the storage of potatoes he prayed for loan of Taka 50 lac from the defendant-appellants Bank but only Taka 35 lac was sanctioned and paid...Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......d., a Public Limited Company for a decree of Tk. 1,44,39,817/- claiming that the said amount was realized by the defendant Bangladesh Shilpa Rin Sangstha (BSRS) in excess while making recovery of the loan of Tk. 2,25,40,000/- given to the plaintiff by the BSRS. 3. The plaintiff took the loan fro..Category: Civil Law | Date: | Hits: 126
Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)
..... Short facts relevant for the purpose of the case are that the opposite party as plaintiff instituted a suit in the 3rd Court of Subordinate Judge. Dhaka being Money Suit No.186 of 1978, praying for realisation of the sale proceeds of sales and compensation amounting to Taka 35,31,922 against the p......is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ..Category: Procedural Law | Date: | Hits: 82
Abdul Mannan Sarker (Md.) Vs. State and others, 2001, 30 CLC (HCD)
.... now pending in the Court of learned Metropolitan Magistrate, Dhaka is thus quashed. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 565. ......nding in the court of learned Metropolitan Magistrate, Dhaka should not be quashed. 2. According to the FIR lodged by the informant, the accused petitioner took Taka 1,64,000 from the informant as loan for personal need and business purpose in 3 instalments but he did not refund the money consequ..Category: Criminal Law | Date: | Hits: 43
.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 540.......l living in the basti and her elder son is now plying rickshaw van and the younger one is working as a helper of a truck and they are staying with her in the basti and that in the meantime she took a loan from one Non-Government Organisation namely Manabik Shahajja Sangstha and is working in a sweat..
Category: Property Law | Date: | Hits: 97
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