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Md. Mansur Rahman Vs. Abdul Mannan Sardar and others, 2009, 38 CLC (AD)
....ly. In the facts and circumstances of the case, we do not find any merit in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 623.......on sale dated 18.08.2005. 2. The decree holder Agrani Bank filed Artha Rin Case No.49 of 1997 in the Court of Artha Rin Adalat, Bogra, for realization of Tk.13,34,503.62/-, being the outstanding loan as of date, due from the judgment debtor-petitioner hereof. The suit was decreed ex-parte on 26..Category: Civil Law | Date: | Hits: 79
Abdur Rashid alias Abdur Rasheed Vs. Judge, Artha Rin Adalat No.1, Chittagong, 2009, 38 CLC (AD)
..... We find that the High Court Division committed no illegality in discharging the Rule. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 611....... Money Suit No.48 of 1990 (subsequently re-numbered) against the defendant No.1 M/s. Hasan Cement Store, Nazirhat Bazar, Police Station-Fatikchari, District-Chittagong and others for realization of loan money of Tk.15,83,000/- (Taka fifteen lac eighty three thousand). 4. The suit was decreed ..Category: Civil Law | Date: | Hits: 77
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......g, inter alia, that the defendant Nos.1 and 2 are the owners of the suit land by purchase through him. At one stage the defendant No.1 through his father Shajahan for the purpose of going abroad took loan of Tk. 25,000/- from the plaintiff on condition of giving him interest of Tk. 5,000/-. Subseque..Category: Property Law | Date: | Hits: 25
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
.... Code of Civil Procedure has no manner of application in this case. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 548.......lling the mortgaged property owned by the defendant the present petitioner. The petitioner as first partner of M.S. Standard Radio Emporium borrowed a sum of Tk.2.00 lac as cash credit (Hypothecation loan) from the plaintiff-respondent No.2 Bank. But the petitioner could not repay the loan due to ma..Category: Civil Law | Date: | Hits: 73
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545....... and her son Md. Yasin was leaving Bangladesh shortly for taking up job abroad. The Power of Attorney allows the attorney to look after the properties mentioned in the Schedule to take house-building loan on mortgage of the said property and also to arrange selling of the property, for and on behalf..Category: Property Law | Date: | Hits: 21
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......compelled to file the instant suit for specific performance of contract. 3. The defendant No.1 contested the suit by filing a written statement on 01-08-1977 contending, inter alia, that he took a loan of Taka 150,00 from one Khali Raj (PW 7) during the war Of liberation and gave him a blank stam..Category: Civil Law | Date: | Hits: 94
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254.......lared to have been made without any lawful authority and is of no legal effect. 2. The short facts leading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedu..Category: Civil Law | Date: | Hits: 93
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....ivision was in error in considering the evidence of P.W.'s 2 and 6 unreliable on the ground of embellishment and the evidence of P.W.s 1,4 and 10 for non-seizure of the hurricane-lantern which they carried while they were coming to the hut of the deceased and recognized the accused with the ligh......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......t No.169 of 1999 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on conditio..Category: Banking Law | Date: | Hits: 95
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he Company") holding 40,22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software development, telecommun......n account of the office space. 9. The Company executed a Loan Agreement on 08.05.2000 with Industrial Promotion and Development Company of Bangladesh Limited ("IPDC") for availing a local currency loan of TK.4,50,00,000 (Taka four crore, fifty lac only). The Company executed a Deed of Hypothecati..Category: Company Law | Date: | Hits: 197
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
.... in the month of Falgoon, 1397 BS. First defendant took First plaintiff to her father’s house on 21 Jaistha, 1399 BS and left First and Second plaintiffs in that house. First defendant did not take care of plaintiffs. First and Second plaintiffs filed the suit for prompt dower money of Taka 22000....... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ...... started constructing on its said purchased plot a multi- storied building known as Janata Tower and spent an amount of Taka ten crore and out of that taka three and half crore was procured by taking loan from Uttara Bank and the balance amount of taka six and half crore was paid by the accused No.1..Category: Property Law | Date: | Hits: 33
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....lessee. But contention also of the learned lawyer is not found tenable while the petitioner (who is personally present in Court) being directed by us, put his signature on a paper in English. We have carefully examined this signature of the petitioner taken Court with the signature of the lessee put......red in the year 1967 (Annexure A). That since taking lease the petitioner has been possessing the holding uninterruptedly and started living there after constructing building on the same by obtaining loan from the House Building Finance Corporation. The petitioner has mutated his name in the records..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....r holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up ......company which was incorporated on 10-1-81 to carry on business of poultry, fish, dairy, etc. with an authorised capital of 3 crore and a paid up capital of Taka 1,75,000.00. The company was granted a loan of Taka 2,28,70,000.00 by the BSRS the respondent No. 4 by agreements dated 10-6-81 and 28-3-83..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
....ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ......Miscellaneous Case No. 36 of 1984 under Order 9, rule 13 of the Code of Civil Procedure. 2. House Building Finance Corporation as petitioner filed Miscellaneous Case No. 28 of 1979 against the loanee-petitioner for sale of mortgage property for recovery of the outstanding loan. The loanee-pet..Category: Procedural Law | Date: | Hits: 78
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....d held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical treatment of slum dwellers (Annexure-B) and that an agreement between......total scheme undertaken by the government. He points out that in the event of their eviction the petitioner will be deprived of their right to life and will also be denied the access to institutional loans for developing their capacity for self employment, health facilities, nutritional Programme, e..Category: Property Law | Date: | Hits: 60
State Vs. Md. Sadequl Islam Tusar and others, 2009, 38 CLC (AD)
....r Farida Yasmin (P.W.2), sister, Hadiul Islam Md. Aizuddin (P.W.5), Chanchal Md. Hassan Zafary (P.W.3), Kazi Shah Alam, Rahman and 25 others went to the house of accused Tusar by two microbus and one car. They arrived at the house of the accused at 3.00 A.M. and found the dead body of Rakhi lying on......ence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 134, 15 MLR (AD) (2010) 147, 19 BLT (AD) (2011) 160. ..Category: Criminal Law | Date: | Hits: 43
Mithu Vs. State, 2009, 38 CLC (AD)
....of Mizanur Rahman by their respective fire arms. Mizanur Rahman was taken to the hospital by Razaul Karim Raju (P.W.4), Md. Hanif (P.W. 3) and Kala (P.W. 5) accompanied deceased Mizanur Rahman in the car. On the way to Hospital when the car reached at the eastern side of Rampura Main Road accused Su...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ..Category: Criminal Law | Date: | Hits: 46
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
....udgment ABM Khairul Haque J. - This is an application for leave to appeal. 2. The facts of the case leading to the filing of this petition, in brief, are that on 03.10.2001 the private motor car of the respondent No.1 was hit by a bus owned by the petitioner, on Dhaka-Comilla highway at a...... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ..Category: Civil Law | Date: | Hits: 96
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....rred in law in concluding that the rate of U.S. $ 20/- per Kg. as stipulated in the Airway bill would vary with the market price of gold prevailing at the relevant time but in view of the contract of carriage contained in the Airway bill if the goods were lost, the carriers liability would not exc......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
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