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Alamgir (Md) Vs. Habea Begum, 1999, 28 CLC (HCD)
....er dated 11-11-97 allowed instalments for payment of the decretal dues by the judgment debtor. Thereafter the plaintiff opposite party filed an application before the learned Family Court praying for realisation of the decretal dues at a time on the ground of hardships whereupon the learned Family C......he impugned order dated 29-6-98 passed by the learned District Judge, Cox’s Bazar in Miscellaneous Appeal No.6 of 1998 is affirmed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 157. ..Category: Family Law | Date: | Hits: 155
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....-4-2002 and 25-4-2002 passed by the court below are affirmed. Civil Rule No. 705(F)/2003 be accordingly, discharged. Copy be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 695. ......stated that Sonali Bank as plaintiff filed Civil Suit No. 254/2001 in the Court of Joint District Judge, and Artha Rin Adalat No. 1 Dhaka against M Tariqullah Sikder as defendant for realisation of loan money from him with interest. Said suit was decreed ex parte on 18-4-2002 by Artha Rin Adalat N..Category: Civil Law | Date: | Hits: 92
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....tion of evidence, both oral and documentary, the Adalat decreed the suit on 13-7-01 on contest against the defendants-petitioners for an amount of Taka 49,79,194.32 with interest @ 18% per annum till realisation. The petitioners having defaulted in repaying the decretal amount within the prescribed ...... transpires that the Artha Rin Adalat Ain, 2003 (Act VIII of 2003) was promulgated with a view to further consolidate and amend the existing law i.e. Artha Rin Adalat Ain, 1990 for speedy recovery of loan of the financial institution. Whereas, by virtue of section 60(1) of the Ain, 2003 the Artha Ri..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Dhaka as plaintiff instituted Title Suit No. 125 of 2001 before the court of Subordinate Judge and Artha Rin Adalat No. 1, Dhaka on 4-5-2001 against the present petitioners including 14 others for realisation of Taka 22,31,52,493/01 contending, inter alia, that on an application preferred by the ...... 2. Subsequently, in the said writ petition an additional Rule Nisi has been obtained to show cause as to "why section 50 relating to fixation of the rate of interest and why the definition of loan as contemplated in section 2(ga) (4) of the Ain, 2003 should not be declared to be not applicab..Category: Others | Date: | Hits: 104
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......r and above, the respondent stated in the application that Harinath granted licence to his father and uncle in respect of 1.64 acres of land but in his deposition as PW 1 he stated that Harinath took loan of Taka 5,000 from his father and in exchange of that amount of money, he gave borga of the lan..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
.... filed Title suit No. 209 of 2002 for getting back the documents of his properties alleging that she is not liable for payment of the loan money. So, he submitted that this suit has no nexus with the realisation of loan money and the Artha Rin suit has scope to proceed to realise the loan money. He ......ntinue the two suits. He further submitted that opposite party has filed Title suit No. 209 of 2002 for getting back the documents of his properties alleging that she is not liable for payment of the loan money. So, he submitted that this suit has no nexus with the realisation of loan money and the ..Category: Civil Law | Date: | Hits: 82
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant/opposite parties praying for realisation of Taka 1,29,161,40 as on 29-8-92. The defendant/ opposite parties after appearing in th......ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ..Category: Procedural Law | Date: | Hits: 67
Shafique Ullah (Md) Vs. Chairman, Rupali Bank Ltd. and others, 2006, 35 CLC (HCD)
....on 12-4-1984 against him and the Cashier. Police after investigation submitted charge sheet and on trial he and the Cashier were convicted. The Bank authority also filed a money suit against them for realisation of the defalcated amount, which was decreed. After inquiry by the domestic inquiry commi......e Appeal No. 621 of 2000 is hereby affirmed. Send down the lower Court's records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 546...Category: Criminal Law | Date: | Hits: 29
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......erence No. CIB-3 (30) 2007504-dated 1-8-2001 and the CIB Lists dated 20th May, 2001 as shown to the petitioner by the Programme respondent No. 1 including the name of the petitioner as a defaulting loanee as a Director of Modern Jute Mills Limited as communicated to the petitioner by the Programme..Category: Banking Law | Date: | Hits: 124
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....of decrees against the petitioner and other guarantor mortgagor in the concerned Suits filed by the Artha Rin Adalat and execution proceedings against the same being pending bankruptcy proceeding for realisation of the decretal dues before the Bankruptcy Court were without is jurisdiction. He furthe......ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138...Category: Civil Law | Date: | Hits: 78
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
....t of the District Judge, Dhaka. 2. Short facts relevant for the purpose of the case are that opposite party Bangladesh Shilpa Rin Sangstha filed an application before the District Judge, Dhaka for realisation of its outstanding dues from the petitioner under Article 33 of Bangladesh Shilpa Rin Sa......ugh the impugned order and other materials on record. Article 33 of Bangladesh Shilpa Rin Sangstha Order provides for filing an application for realisation of its outstanding dues from the defaulting loanees before the District Judge. It also provides that the District Judge concerned may try the ca..Category: Civil Law | Date: | Hits: 79
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......ntroduced by an Act of Parliament, namely, Finance Act of 1997 under Article 83 of the Constitution. Article 84 of the Constitution provides- (1) All revenues received by the Government, all loans raised by the Government, and all moneys received by it in repayment of any loan shall form pa..Category: Fiscal/Taxation Law | Date: | Hits: 93
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451....... name and style Messers Prominent Textiles Limited and also became its Managing Director and Chairman. The said company borrowed Taka 20 lac from the Sonali Bank as Project Loan and working capital loan on mutually agreed terms and conditions pursuant to sanction letter dated 7-5-1996 and the said..Category: Banking Law | Date: | Hits: 125
State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)
....the purpose of consideration under section 31(1), Evidence Act and those may be treated as substantive evidence. He submits that inference may be drawn from the circumstances and that it is matter of realisation and perception that none else other than the accused persons had committed the offence w......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...Category: Criminal Law | Date: | Hits: 109
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....s he found no objection raised either by the plaintiff or defendant No. 1 against the same. He also directed that the defendant No. 1 is liable to pay interest at the rate mentioned in the award till realisation. Plaintiff was directed to execute and register a kabala in favour of the defendant No. ......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...Category: Property Law | Date: | Hits: 31
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....r books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1016. ......cts involved in the case, in short, are that the accused, Jamal Uddin for his business purpose on 14.08.2002 took TK. 5,00,000.00(five lacs) from the complainant, Dr. A.B.M. Morshed Alam Chowdhury as loan at his house but the accused did not re-pay the said money to him in time; as a result, he requ..Category: Criminal Law | Date: | Hits: 39
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....dated 02.06.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1709 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 1011. ......e case, in short, are that the complainant is an organization registered under the Co-operative Societies Ordinance, 1984 and the accused petitioner is the member of the said society and she obtained loan of TK. 23,00,000.00 with a condition to pay the said loan within 90 days but failed to pay in t..Category: Criminal Law | Date: | Hits: 45
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
.... is hereby re-called and vacated. The executing Court is directed to proceed with the execution as usual in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 123.......s for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff instituted Title Suit No. 1 of 1995 (mortgage) against opposite party Nos. 2 to 9 for recovery of the bank loan. The suit was decreed on 27-1-96 in the preliminary form, and then, on 23-7-96 said decree was ..Category: Property Law | Date: | Hits: 27
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
....0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the d..Category: Civil Law | Date: | Hits: 85
Hazera Begum Vs. Artha Rin Adalat & another, 2001, 30 CLC (HCD)
....e provisions of the Code of Civil Procedure. In the instant case, though under section 56 of the Code of Civil Procedure there cannot be an order for detention or arrest of a woman for the purpose of realisation of money, the Artha Rin Adalat considered it fit and proper for the sake of realisation ...... Artha Rin Adalat. The Rule is liable to be discharged. In the result, the Rule is discharged. Stay granted earlier is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 78. ..Category: Civil Law | Date: | Hits: 89
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