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United Edible Oils Limited and another Vs. London Steam Ship Owners Mutual Insurance Association Ltd. and others, 2008, 37 CLC (HCD)

....rtaking from the other insurers that they will bear their respective percentages, before providing securi­ty from the entire claim. The club may also require the owners undertaking to be backed by a bank guarantee." 11. From the above, it is evident that each P. & I. club will have their own......y Jurisdiction) Present: Syed Refaat Ahmed J United Edible Oils Limited………………………………Plaintiff Vs. The London Steam Ship Owners Mutual Insurance Association Ltd. and others…………………………………Defendants And United Edible Oils Limited…......2007 all the defendants in general and the Defendant Nos. 1 and 2 in particular submit their Written Statements positively by 4.1.2009. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 59. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 512

Rehana Ali Vs. Bangladesh, represented by the Secretary, Ministry of Education and others, 2012, 41 CLC (HCD)

....dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ......riginal Jurisdiction) Present: Tariq ul Hakim J Md. Faruque J Rehana Ali………………………..Petitioner. Vs. Bangladesh, represented by the Secretary, Ministry of Education and others …………. Respondents Judgment May 24 and 25, 2012. Result: The Rule is......dingly the Respondent No.5 is directed to pay a sum of Taka 1,50,000/- (one lac fifty thousand) to the petitioner. Md. Faruque (M. Faruque) J.- I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 146

Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)

....e property is free from all encumbrances. "Clause (iv) the ven­dor hereby affirms and acknowledges that the schedule property has been mortgaged by the vendor as a security for a loan availed from a bank namely Bank Asia Limited Principal Branch, Motijheel Commercial Area, Dhaka" "Clause (v) the ve......t High Court Division (Civil) Present: Sharif Uddin Chaklader J Md. Emdadul Haque Azad J Shawkat Ali Chowdhury...................................Appellant Vs. G. Murshed Reza and others............................Respondents Judgment July 16, 2009 Result: The ap......o pro­ceed with the suit in accordance with law. Send down the lower Court records at once. Md. Emdadul Hague Azad, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 24. ..

Category: Civil Law | Date: | Hits: 200

M/s. Brick Linkers Ltd. and another Vs. Joint District Judge & Others, 2005, 34 CLC (HCD)

....st the petitioner and others for realization of money amounting to Tk. 48,68,970.29 by selling the mortgaged property. The suit was decreed in preliminary form on contest on 1.6.97. The decree holder bank did not take any step immediately although the preliminary decree was sealed and signed on the ......se is also Reported in: 15 BLT (HCD) (2007) 99. ......ow that there is no executable decree before the Adalat. Having regard to the facts of the case there will be no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 99. ..

Category: Limitation Law | Date: | Hits: 162

Mostafa Chowdhury & another Vs. State & another, 1982, 11 CLC (HCD)

....desh. It has been alleged in C.R. Case No.1706 of 1979 (Crl. Revision No.97/80) that the account of the partnership firm was opened with the Janata Bank and cheques were collec­ted through the said bank that the firm undertook the construction of three bridges under the Executive Engineer, Moulvi ......osite-parties Judgment October 31, 1982. Result: The Rules are made absolute. Cases Referred to- Bhuban Mohen Das Vs. Surendrd Mohan Das, 55 C.W.N. 541; Abdul Gafur Vs. Dr. D. Ahmed and the State Vs. Syed Imtiaz-uddin Hussain, 3 DLR 449; 17 DLR (Dacca), 382. Lawyers Involved: ......e and the respective proceedings qua­shed, as prayed for. Let the record be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 68. ..

Category: Criminal Law | Date: | Hits: 87

International Finance Investment and Commerce Bank Limited Vs. M/S. Marinar Fashions Wear Pvt. Ltd. and others, 2005, 34 CLC (HCD)

....pplication the learned Judge by his Order dated 10.11.2003 allowed the necessary certificate of title in respect of the concerned property in favour of the Judgment debtor. But when the decree-holder bank went to the premises of the said property for taking its formal possession as directed in the O...... This Case is also Reported in: 15 BLT (HCD) (2007) 425. ......ing police force and other measures as provided in the Code. In the result, this appeal is allowed but without any order as costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 425. ..

Category: Civil Law | Date: | Hits: 208

Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)

....r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ......ted in: 16 BLC (HCD) (2011) 57. ......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..

Category: Civil Law | Date: | Hits: 168

Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)

....tiff is entitled to get reasonable interest on the earnest money. Agreeing with the views expressed in the aforesaid decisions, we hold that the plaintiff is entitled to get interest in the prevalent bank rate till realization in case of failure to pay the earnest money within time fixed by the Cour......ce. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ..

Category: Civil Law | Date: | Hits: 102

International Finance, Investment and Commerce Bank Ltd. (IFIC Bank Ltd) Vs. Abdur Rahman and Others, 2012, 41 CLC (AD)

.... and applied for loan and accordingly, it sanctioned a loan of Tk.1,00,000/-. The time of repayment of the loan was up to 30.12.1987. Defendant No.1 executed all the charge documents in favour of the bank and defendant No.2 mortgaged his property as described in the schedule to the plaint as the gua......p;  Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J International Finance, Investment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant Vs. Abdur Rahman and Others……………………………..Respondent Judgment April 8, 2012. Result: ......roper appreciation of law and fact do not call for interference. Accordingly, the Civil Petition for Leave to Appeal is dismissed. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 208. ..

Category: Civil Law | Date: | Hits: 174

Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)

..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ...... Abdur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribun...... an essential ingredient of the offence of extortion. Where a person through fear passively allows his property to be taken away but does not deliver any of the property the offence committed will be robbery or dacoity, as the case may be, and not extortion. The offence of extortion is not before ac..

Category: Criminal Law | Date: | Hits: 132

Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)

....missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......ch) (Civil Appellate Jurisdiction) Present: Amirul Islam Chowdhury J Md. Altaf Hosssain J Bangladesh Power Development Board………………………Appellant Vs. Sonali Bank and others……………………Respondent Judgment June 30, 1982. Result: The appeal......missed the Misc. Case. The appeal is, therefore, dismissed with­out any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ..

Category: Procedural Law | Date: | Hits: 143

State Vs. Abdul Awal, 1983, 12 CLC (HCD)

.... not being factories. This is what is contained in the preamble of the said Act. 4. The words "commercial establishment" have been defined in section 2(d) of the said Act. Among other concerns “banking company” and “a bank” was also "included" within the definition of the said words. It ......bsp; Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raises the point as to whether the nationalised Sonali Bank comes under the purview of the Shops and Establishments Act, 1965 (Act No. VII of 1965), hereinafter referred to as the said Act. 2. T...... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ..

Category: Others | Date: | Hits: 163

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....o. 12 and the defendant No.6 nominated and appointed the defendant No. 1 as its local partner and also executed a Power of Attorney in their favour, the respondent No. 1 then approached the plaintiff bank for credit facilities for the said projects which being allowed the defendant No. 1 opened a Cu......IFIC Bank Ltd. & Others………….....Respondents Judgment July 30, 2005. Result: The petition is dismissed. Case Referred to: Guhlam Rahman vs. National Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - F......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174...

Category: Civil Law | Date: | Hits: 122

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

....‑1990 respondent No.4, District Controller of Food, asked the petitioner of each of the Rules to renew its milling licence within 7 days and to take delivery of certain quantity of paddy furnishing bank guarantee of 60% of the value thereof and to enter into agreement within 15 days for milling pa......rted in: 49 DLR (HCD) (1997) 277. ...... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ..

Category: Others | Date: | Hits: 146

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....the pledge goods without delay and adjust the sale proceeds against the outstanding loan and also inform that matter to the adalat in writing. The learned advocate has argued that since the plaintiff bank did not comply with either of these 2 provisions of section 12 of the Artha Rin Adalat Ain, 200...... (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Abu Tariq J M/s Shorhab Vegetable Oil Refinery Limited……………………….Petitioner Vs. Artha Rin Adalat and others………………………Respondents Judgment August 14, 2007. Result: The r...... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537...

Category: Civil Law | Date: | Hits: 120

Anwar Hossain (Md.) Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others, 1994, 23 CLC (HCD)

....at the demand of Customs authority pertaining to arrear of dues with penalty is illegal, mala fide in that the petitioner having faced the business difficulties and financial stringency in payment of bank loan intimated the customs authority in clear terms on 4‑7‑1985 that the seats of the Cinem......ginal Jurisdiction) Present: Md. Ruhul Amin J Zakir Ahmed J Anwar Hossain (Md.)…………………….Petitioner Vs. Secretary, Ministry of Finance, (Internal Resources Division) and others………….…….Respondents Judgment March 20, 1994. Result: The Rule is d......oner is not entitled to the relief sought in the writ petition. In the result the Rule is discharged without any order as to costs Ed. This case is also Reported in: 49 DLR (HCD) (1997) 321. ..

Category: Fiscal/Taxation Law | Date: | Hits: 278

M/s. Mamun Poultry Complex Vs. Government of Bangladesh & Others, 2006, 35 CLC (HCD)

....by the petitioner earlier with the interest though the Government directed to waive all insects charged upon the Brower. It further appears that the Government in its memo dated 31-05-06 directed the bank to waive all type of interest as evident in annexure-C of the writ petition and also directed t......itioner to pay the principle amount in 24 equal installment as per the directive made by the Government. 2. The learned Advocate appearing on behalf of the petitioner submits considering the facts and circumstances and the sick condition of the said industry the Government issued a Memo directing......ation of the impugned memo dated 31-05-06 as evident in Annexure-D be stayed. With this observation the application is disposed of. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 56. ..

Category: Others | Date: | Hits: 125

Md. Zulfikar Mahmud Vs. National University and others, 2006, 35 CLC (HCD)

....vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ......sent: Md. Abdul Matin J ATM Fazle Kabir J Md. Zulfikar Mahmud………………………Petitioner Vs. The National University, Gazipur represented by the Vice-Chancellor, Gazipur-1706 and others…………………………Respondents Judgment April 18, 2006. Result: The......vice and to implement this order as per rules within 30 days from the date of receipt the copy of this Judgment and report compliance. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 51. ..

Category: Employment/Service Law | Date: | Hits: 165

Dilruba Aktar Vs. AHM Mohsin, 2003, 32 CLC (HCD)

....mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568....... San Win, ILR 10 Rang 312=AIR 1932 Rang 146=33 Cri LJ 701. Queen-Empress Vs. Prag Dat, (1898) ILR 20 All 459; Queen-Empress Vs. Bibhuti Bhusan, (1890) ILR 17 Cal 485; Deputy Legal Remembrancer. Bihar and Orissa Vs. Matukdhari Singh, 20 Cal WN 128=AIR 1917 Cal 687=17 Cri LJ 9; In re Sinnu Goundan, IL......mount if not so paid shall be recoverable as arrears of land revenue. Lower Court's Record be sent down as immediately as possible. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 568...

Category: Family Law | Date: | Hits: 165

Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)

...................... (d)....................... (e)....................... (f)....................... (g) he or she has defaulted in repaying any loan taken by him or her from any specified bank within the time allowed by the bank thereof.” From the reading of the section it will appe......DLR (HCD) (1996) 245....... no order as to costs. Let a copy of this Judgment and order be sent to the Chief Election Commissioner for his taking necessary steps. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 245...

Category: Election Law | Date: | Hits: 301