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Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ...... 2. The suit was contested by the writ-petitioner by filing written statement denying his connection with the company, M/s. Sun Flower Fabrics (Private) Limited, for the establishment whereof loan was obtained and it was contended that the writ-petitioner did not execute any document in con..

Category: Civil Law | Date: | Hits: 73

Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)

....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......pondent Habib Bank Limited. In that application it was stated that the property of Mrs Maria Yousuf was mortgaged to the Uttara Bank Limited, by depositing the title deed against the house building loan granted to Mrs Maria Yousuf and that property is not liable to be attached in execution of a d..

Category: Civil Law | Date: | Hits: 80

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....s from the mother of the plaintiff on the basis of an agreement of June 15, 1955 at a rental of TK.80/- per month and he established a proprietary Engineering Workshop-Ambia Engineering Work Shop and carried on his business. After expiry of the initial lease term another lease agreement dated June 1......ough on the record in support of the case of bonafide requirement and evidence being on record that papers are under process for obtaining sanction for making the construction as well as obtaining of loan the High Court Division ought not have reversed the decree passed by the trial Court on the gro..

Category: Tenancy Law | Date: | Hits: 169

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....iew applied the provision of Article 144 of the Limitation Act although on the admitted position of the case, the suit is gov­erned by Article 142 of the Limitation Act and as such there has been miscarriage of jus­tice. 9. The High Court Division it appears ex­ceeded its jurisdiction by rever......suring 67 decimals of land originally belonged to one Kamini Kumar Roy Chowdhury, who died leaving behind 5(five) sons who inherited the property in equal shares. Late Kamini Kumar Roy Chowdhury took loan from Comilla Co­operative Bank and mortgaged the 1st sched­ule land to the said Bank as secur..

Category: Tenancy Law | Date: | Hits: 141

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......he respondent No. 4 and hereinafter referred to as the company, and also from the respondent Nos. 5-8 stating, inter alia, that he is the Managing Director of the above company and the bank gave a loan of Taka 1,40,00,000 only to the company and as additional security against the above loan the..

Category: Civil Law | Date: | Hits: 103

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ....... Brief facts for disposal of this leave petition are that the plaintiff respondent No.2 bank filed the above Artha Rin Case No.14 of 2003 against the defendant No. 2/petitioner for realization of loan of Tk.47,89,4121/-. The  petitioner contested the above suit by filing written statement ..

Category: Civil Law | Date: | Hits: 91

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

.... 2. The respondent filed an application under Article 102 of the Constitution contending, inter alia, that on August 24, 2002 around 11 a.m. in the morning the detenu while travelling in a private car belonging to his friend Mosharraf Hossain was arrested by the police in Abdul Gani Road and ta...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..

Category: Criminal Law | Date: | Hits: 109

Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)

....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......fendant No. 2 never executed and registered the said kabala in favour of the defendant No. 1 and the kabala was obtained by false personation. The further allegation is that the defendant No.2 took loan from defendant No.1 on different dates and put his signature on some blank stamp papers and l..

Category: Property Law | Date: | Hits: 25

Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)

....lastly submits that the High Court Division on misconstruction of the provi­sions of the Public Demand Recovery Act set aside the order of the Land Appeal Board and as a result there has been a mis­carriage of Justice. 8. We have heard the learned Advocate for the petitioner and perused the co......cate Officer Sadar, Jessore in Certificate Case No. 13/188/7/85-86 confirming the auction sale dated 28. 11. 1994. 3. The short fact of the case is that M/s. Jess Duck (Pvt.) Limited Company took loan from Bangladesh Shilpa Bank, Jhenidah Branch, Jhenidah. The said loan was not paid in time. Hen..

Category: Property Law | Date: | Hits: 31

Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ...... subsequently promoted as Officer of the Bank. While the petitioner was serving as second Officer of Amtali Branch an allegation was brought against him alleging that he recommended for sanctioning loan and a departmental proceeding being No.12/1995-1996 was started against him; the matter was en..

Category: Administrative Law | Date: | Hits: 90

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ......erprise of Meghna Group of Industries. The petitioners and two others namely Mr. M. F. Kamal and Mr. Md. Zakaria were the directors of Meghna PET Industries Ltd. Meghna PET Industries Ltd. obtained loan from Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO), a public..

Category: Banking Law | Date: | Hits: 103

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......sion Bench of the High Court Division in Writ Petition No.7497 of 2007 summarily rejecting the same. 2. The short fact leading to the filing of the leave petition is that the petitioner took loan from respondent No.3, Pubali Bank Limited and since he failed to repay the said loan money the..

Category: Civil Law | Date: | Hits: 94

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 f..

Category: Civil Law | Date: | Hits: 119

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......pre-emptee No.14 by filing separate written objection. 4. The case of the pre-emptee Nos.1 and 2 is that the pre-emtpee No.2 with a view to meet the expenses of her daughter's marriage took loan of TK.7,000.00 from pre-emptee No.1. As a security against the said loan the pre-emptee No. 1 ..

Category: Property Law | Date: | Hits: 33

M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)

.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......angladesh. 2. The present petitioner No. 2 is the share holder and Chairman of the petitioner No.1 Company namely M/S. Uttara Steel Corporation Limited. The said company obtained C.C. (Hypo) loan of TK.6 lacs and CC pledge loan of TK.30 lacs from the respondent Agrani Bank as a running, c..

Category: Civil Law | Date: | Hits: 89

Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)

....ppeal in a slipshod and perfunctory manner and the High Court Division also has misinterpreted the scope, object and purpose of section 106 of the Transfer of Property Act, 1882 causing complete miscarriage of Justice. 7. High Court Division made the Rule absolute holding that in the lease......red to him on that day; after obtaining necessary trade licence and getting his name necessary permission to mortgage the above plot for raising fund the respondent No.1 applied to Janata Bank for loan for establishing an iron and steel industry in the suit plot whereupon Janata Bank sanctioned ..

Category: Property Law | Date: | Hits: 27

Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)

....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......Instruments Act, 1881 against the respondent No.1 stating, inter alia, that the complainant and the accused are involved in share business and being closely known to each other the complainant gave a loan of Taka 60,00,000 (sixty lac) to the accused who assured to reimburse the amount in no time and..

Category: Criminal Law | Date: | Hits: 67

State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)

....ile other public seizure list witnesses did not support the prosecution case in spite of that there is no legal bar to Convict the appellant on the impeachable evidence of the police personnel, who car­ried out the raid. He then referred to a decision reported in 53 DLR (AD) 1 wherein it has ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..

Category: Criminal Law | Date: | Hits: 24

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......t the accused Md. Hafizul Islam, former Manager, Sonali Bank. Trimohini branch, in collusion with others misappropriated TK. 1,60,200/- from 01.07.1984 to 12.09.1984 by show­ing disbursement of loan to 46 fake agri­cultural loanees. It was revealed that the loanees were not the inhabitant..

Category: Criminal Law | Date: | Hits: 34

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

.... following order: “ †h‡nZz bvwjkx m¤úwËi `Lj wel‡q weÁ †`Ëqvbx Av`vjZ w¯’Zve¯’vi Av‡`k Rvwi mn Aš—eZx©Kvwjb wb‡lavÁvi Av‡`k w`‡q‡Q †m&Dag...... left the premises. Thereafter Monowara Islam decided to construct a multistoried build­ing on the said land and accordingly a building plan was approved by the RAJUK. Monowara Islam then took loan of Tk.19,00,000/- from Sonali Bank and constructed five-storied building and start­ed a re..

Category: Criminal Law | Date: | Hits: 32