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Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....No.5 of 1991 against Mr. A Razzaque and which suit was subsequently decreed ex parte and the House Building Finance Corporation thereafter instituted Money Execution Case bearing No.3 of 1994 for the realisation of loan money from the petitioner Mr. Abdur Razzaque Mollah. But in the meantime due to ......n living at Bagerhat and as he had earlier acquaintance with contractor Md. Qayum Mollah; he sought his assistance and that the contractor also agreed to it. Mr. Abdur Razzaque Mollah thereafter took loan of Taka 2,00,000 from the defendant No.3 (opposite party No. 2) namely, House Building Finance ..Category: Civil Law | Date: | Hits: 71
A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ......he Act. 3. On getting the sanction, the petitioners started construction as per sanctioned plan. As the construction involved huge money, the petitioners mortgaged the said land to a bank and took loan. Out of 22 floors, 16 floors with the foundation for the sanctioned 22-storied building was com..Category: Property Law | Date: | Hits: 125
Akkas Ali Molla and another Vs. State, 2001, 30 CLC (HCD)
.... as being without jurisdiction. This judgment of mine, however, will not debar the competent court to make any complaint in accordance with law, if it is felt to be necessary. The order of stay of realisation of fine passed on 29‑3‑1989 is hereby vacated. Send down the LCR at once. Ed. ......ncluding a portion of land already gifted by Meser Ali to his aforesaid daughters and got it registered in Bogra Sadar Registration Office on 25‑3‑1974. Accused Akkas Ali applied for agricultural loan to Joypurhat Agricultural Bank on the basis of the forged deed. During inquiry by the Bank the ..Category: Criminal Law | Date: | Hits: 129
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
.... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. ...... he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted to one Abdul Hai Pathan. The plaintiff..Category: Banking Law | Date: | Hits: 215
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....levant for the purpose of disposal of this Rule, in short, are that the petitioner instituted Miscellaneous Case No. 225 of 1991 under President’s Order No. 7 of 1973 against the opposite party for realisation of certain house building loan. The said case was allowed on 27‑9‑1993 whereupon Mon......this Rule, in short, are that the petitioner instituted Miscellaneous Case No. 225 of 1991 under President’s Order No. 7 of 1973 against the opposite party for realisation of certain house building loan. The said case was allowed on 27‑9‑1993 whereupon Money Execution Case No. 88 of 1996 was s..Category: Property Law | Date: | Hits: 91
....ant No.7 are declared to be illegal, collusive, without jurisdiction, mala fide and of no legal effect.
Send down the LCR at once.
Ed.
This Case is also Reported in: 56 DLR (HCD) (2004) 269.
......(Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in order to collect fund. He applied to the Janata Bank for land and the Bank sanctioned a loan of Taka 11,00,000. But the amount of loan was not sufficient. So, he did not withdraw any money..
Category: Property Law | Date: | Hits: 73
Haji Md. Shamsul Haque Vs. Pubali Bank Limited, 2009, 38 CLC (AD)
.... the respondent No.1 as plaintiff instituted Money Suit No.21 of 1993 before the learned Joint District Judge, 2nd Court, Gazipur against "the predecessor of the defendant opposite party Nos. 2-4 for realisation of Tk.18,07,359/- with interest pendente lite. The suit was ultimately decreed by the ju......tioner is set aside and the deposited amount be returned to the present petitioner. With this observation the petition is disposed of. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 75...Category: Others | Date: | Hits: 109
GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)
....nt case in that on several dates the complainant-opposite party was found to be absent in the court for which the accused ought to have been acquitted. Thirdly, he submits that since a money suit for realisation of the said outstanding amount was filed by the opposite party No.1 before filing of thi......omplainant filed a petition of complaint on 304‑2000 against the accused petitioner in the Court of Metropolitan Magistrate, Dhaka alleging, inter alia, that the accused enjoyed the facilities of loan but failed to repay the amount of loan on repeated reminders. The total amount of loan payable ..Category: Banking Law | Date: | Hits: 237
Nurul Alam Chowdhury and another Vs. State, 1998, 27 CLC (HCD)
....ge. Chittagong in Criminal Appeal No. 46 of 1986, upholding the order of Conviction and sentence passed by the learned Magistrate, Hathazari in GR Case No. 45 of 1985 is maintained. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court reco......ned. The order staying realisation of fine granted earlier by this Courts stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 125...Category: Criminal Law | Date: | Hits: 68
Nasim Anwar Hossain Vs. Bangladesh Bank and others, 2010, 39 CLC (HCD)
....dent from annexe-B to the writ petition) is hereby declared to have been done without lawful authority and is of no legal effect. Nazmun Ara Sultana, J.- I agree. This Case is also Reported in: ......ainst borrower code No. 56421. 2. The petitioner’s case in short is that she is a share holder to the extent of 15% in the said Ben-Lub Pte Ltd. In course of its business, the said company took loan from two banks namely Dhaka Bank Ltd. and Bank Asia Ltd. The petitioner was also a personal gua..Category: Civil Law | Date: | Hits: 167
Md. Arif Gaffar Vs. Artha Rin Adalat, Khulna and others, 2010, 39 CLC (HCD)
....ch as plaintiffs (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight lac fifty four thousand sev......s (herein respondent Nos. 2-3) instituted Artha Rin Suit No.27 of 2006 before the Artha Rin Adalat, Khulna against Makkah Poultry Feeds Ltd., a registered company and its directors for realisation of loan amounting Tk. 1,78,54,736/- (one crore seventy eight lac fifty four thousand seven hundred thir..Category: Civil Law | Date: | Hits: 169
QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)
....that the respondent No. 1 is not entitled to collect the rates in excess of rate as prescribed in the Schedule. The petitioner No. 1 further states that it does not claim rebate. And for such illegal realisation of rates by the respondents the petitioners’ lawyer Mr. Rafique-ul-Huq issued notice d......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 583
Abu Mohammad Vs. Government of the People’s Republic of Bangladesh & another, 1999, 28 CLC (HCD)
....foregoing reasons, we see there is no merit in this Rule. Accordingly, the Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 352. ......yan Trust on 28-2-78. While the said Madina Tannery including other tanneries had been under the management of the Bangladesh Tanneries Corporation an amount of Taka 1,00,000,00.00 as non-development loan from ADP fund was sanctioned on 29-9-75 in the name of all the aforesaid tanneries for the purp..Category: Others | Date: | Hits: 95
Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)
....uarantor, mortgagor and the persons placed in similar position. In the present case the petitioner is in no way connected with the loan, she does not claim the auctioned land and there is no cause of realisation against her. Such a person is not intended by the law to bear extra financial burden of ......hearing the said application passed an order on 22.7.2009 directing to maintain status quo (vide annexe-D to the writ petition). She, however, has no objection if respondent No. 2 (bank) realises its loan by selling the land of respondent No.3. She is not a “third party” within the meaning of se..Category: Civil Law | Date: | Hits: 183
SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... property, which it mortgaged in favor of the decree-holder bank as a third party mortgager. The schedule-A property costs at Taka 50,00,00,000/= (fifty crore), while the execution case was filed for realisation of Taka 2,76,36,732.66 (Two crore seventy six lac thirty six thousand seven hundred thir......ngshal Branch, Dhaka as plaintiff instituted Artha Rin Suit No. 33 of 2003 before the Artha Rin Adalat No.3, Dhaka against the defaulting borrower M/S Florida International and others for recovery of loan amounting to Taka 1,80,92,680.24 (one crore eighty lac ninety two thousand six hundred eighty a..Category: Procedural Law | Date: | Hits: 95
Maliha Banu Vs. Deputy Commissioner of Taxes and others, 1997, 26 CLC (HCD)
....n the writ petition, in our view, is not available to the petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 561.......een passed without lawful authority and of no legal effect and to direct the respondent No. 1 (Deputy Commissioner of Taxes, Companies. Circle-11, Dhaka (East) Zone, Dhaka to examine and consider the loan certificate give by Dr. MM Zaman and do the needful as per law or such other or further order o..Category: Fiscal/Taxation Law | Date: | Hits: 77
Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
.... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......Case". The article has been ingeniously and cleverly worded. The writer said that according to the report in "Prajatantra" a Gujarati Paper, architects Khare-Tarkunde Private Limited of Nagpur, got a loan facility of Rs.10 lacs from the Bank of India. The partners of Khare- Tarkunde included the fat..Category: Criminal Law | Date: | Hits: 164
MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)
....en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ...... date petitioner herein prayed by filing an application, for time to file written objection; and that therein petitioner herein alleged that although Beximco Food Limited paid back the full amount of loan but in spite of that plaintiff has filed the suit. 5. On 9-4-1995 the plaintiff filed an app..Category: Civil Law | Date: | Hits: 90
Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)
.... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335....... that capacity he filed an application before the Chairman and Secretary. Thana Central Co-operative Society Ltd. Rajbari praying for a shallow tube-well machine to be set up for his samity on taking loan from the local Sonali Bank through Bangladesh Rural Development Board, Rajbari during the finan..Category: Criminal Law | Date: | Hits: 43
Maksuda Akhter Vs. Md. Serajul Islam, 1999, 28 CLC (HCD)
....bsequently, the relationship of husband and wife became rancorous. The defendant husband present opposite party divorced the petitioner on 6-7-96 which is not denied. She later on, filed the suit for realisation of dower money and maintenance. The suit was contested, but the same was decreed both fo......red on his own application and in case of failure the law will come into force in the manner as aforesaid. No order is passed as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 554...Category: Family Law | Date: | Hits: 162
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