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Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......llments within 31-12­1993. In cross-examination he denied the sugges­tion that as per provision laid down in section 169 of The Town Improvement Act he did not serve any notice upon them. They took loan for the purpose of construction in the said plot. He added that no paper was submitted as to lo..

Category: Property Law | Date: | Hits: 31

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... but with no effect; that subsequently, the plaintiff came to learn that defendant No. 1 was trying to mortgage the entire apartment building including the land to the IFIC Bank at Gulshan Branch for loan; that on being confirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried ..

Category: Business or Commercial Law | Date: | Hits: 208

AKM Abdul Latif Vs. Banani Metal Limited and others, 1998, 27 CLC (HCD)

....nt Corporation of Bangladesh (ICB), a major creditor of the respondent No.1 Company has already filed a title suit No.5 of 1993 in the Court of Subordinate Judge and Artha Rin Adalat No. 2, Dhaka for realisation of Taka 31,95,000.00 and the said case is pending for hearing. 13. The petitioner has......l its directors that an amount of Taka 5,00,000.00 is needed to invest for development of designs of a few commercial items and the respondent No.2 requested the petitioner to give the said amount of loan and the petitioner agreed to finance Taka 5,00,000.00 on certain terms and conditions as laid d..

Category: Company Law | Date: | Hits: 239

Doly Enterprise & others Vs. Additional District Judge, 1st Court, Dhaka and another, 2006, 35 CLC (HCD)

....le properties described in the schedule of the plaint is to be attached in order to put the same in auction sale. Even the appellate Court decided to put the loanee in civil prison for the purpose of realisation of the decretal amount since he has practised fraud in repaying the loan amount with int...... decree holder respondent, namely, Pubali Bank Limited, Sadarghat Branch, Dhaka, being financial institution, instituted the Title Suit No.55 of 2001 in the Artha Adalat, 3rd Court, Dhaka against the loanee, the defendant, for recovery of loan amounting to Taka 7,00,603 (Taka seven lac six hundred a..

Category: Civil Law | Date: | Hits: 90

Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)

....ation of share register of the respondent-company under section 38 of the Companies Act 1938 is reject without any order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2000) 41. ......pondent No. 2 who opposed the application for rectification of the share register on the ground that he has not transferred his share to the transferee but had only pledged his shares as security for loan taken by him and that he was prepared to repay the loan taken from the petitioner transferor. ..

Category: Company Law | Date: | Hits: 181

Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)

....is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46.......6 are the Managing Director of Bangladesh Ship Building Industries Ltd., the Dockyard and Managing Director thereof. 4. That on application of the accused No.1 the BSRS sanctioned a local currency loan of Tk.70.00 lacs on 31.3.80 for the construction of two cargo coasters of 500 DWT tons capacity..

Category: Criminal Law | Date: | Hits: 67

Habib Bank Limited Vs. UAE Bangladesh Investment Company Limited and another, 1998, 27 CLC (HCD)

....y as desired by the plaintif. It is also the case of the plaintiff that they time and again asked defendant No.1 for getting back their money and also requested defendant No.1 to make arrangement for realisation of aforesaid Dollars but without success which led to the filing of the present suit. ......ancial institution as follows: (c) financial institutions means any non-banking institution. (i) which carries on as its business or part of its business the financing, whether by way of making loans or advances or otherwise, of trade, industry, commerce or agriculture. (ii) which carries o..

Category: Banking Law | Date: | Hits: 136

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......uld be given option either to go and live at their respective rural villages or to stay in urban area. If they so opt to go to the urban areas, to have rehabilitated thereby providing them with funds/loan for construction of houses and small scale income generating projects for sustenance with prope..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

.... "474. It is obvious, that the provision for consultation with the Chief Justice of India and in the case of the High Courts, with the Chief Justice of the High Court was introduced because of the realisation that the Chief Justice is best equipped to know and assess the worth of the candidate......ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ..

Category: Criminal Law | Date: | Hits: 130

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....uarantee before the trial Court. 2. Heard the learned Advocate for the appellants-petitioners and perused the petition. It appears that Title Suit No.32 of 1994 was filed by the plaintiff-Bank for realisation of Taka 16, 74,458.01 only with interest at the rate of 20% per annum from the defendant......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ..

Category: Banking Law | Date: | Hits: 108

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......ared to have been made without any lawful authority and of no legal effect. 2. Learned Advocate for the petitioners after placing the petition and other materials on record submitted that when the loan in question was taken by the respondent No.5 company petitioners were not its directors and bef..

Category: Banking Law | Date: | Hits: 121

Meghna Petroleum Marketing Co. Ltd. and others Vs. MF Limited and others, 2001, 30 CLC (HCD)

....t of Sub Judge. Dhaka decreed the suit. Hence, this appeal. 9. The material question that was for considering before the Subordinate Judge, whether the plaintiffs were entitled to money decree for realisation of the amount of octroi dues payable by the defendants No.1-2 and 3 to the plaintiffs in......No.274 of 1980 stands dismissed. The parties are directed to bear their respective costs although. Sand down the LC Record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 368...

Category: Fiscal/Taxation Law | Date: | Hits: 91

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

Gold Topps Co. Hong Kong and others Vs. Trading Corporation of Bangladesh and Another, 2000, 29 CLC (HCD)

....ommercial Court, Chittagong being Money Suit No.11 of 1975, praying for a decree for a sum of Taka 11,64,909.81 with cost of the suit and with interest at the rate of 10% per annum pendente lite till realisation of the decretal dues. 3. The case of the plaintiff, in short, is that it imported a c...... Suit No. 22 of 1987 within three months from the date of receipt of this order. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 280...

Category: Civil Law | Date: | Hits: 91

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)

....ook some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation of the said loan money. During the pendency of that suit Artha Rin Adalat Ain (Act 51 of......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