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Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)

....Court as secu­rity against the decree that may be passed till final decision of the suit."  Accordingly, the appeal is disposed of. Ed.  This Case is also Reported in: VI ADC (2009) 402. ......stered in the name of Bangladesh Paribahan (Pvt) Ltd. and allowed them to carry on the business; that the said Surajit Barua and Asraf Hossain Minar in collusion with each others and a banker created loan against two other buses to be imported by the respondent Nos.2 and 3. However, Respondent No.2 ..

Category: Business or Commercial Law | Date: | Hits: 142

Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)

....there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 383. ......espondent No. 2, as plaintiff, insti­tuted the above case for realization of Tk.32,12,050/- on the averments the defendant, who is the proprietor of M/S Akand Poultry Complex, on 20.8.1995 took loan of Tk.13,90,000/- for making development of the said poultry complex and as per terms and con..

Category: Civil Law | Date: | Hits: 95

City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)

.... no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 366. ...... found due; meanwhile in terms of the request of the defendant No. 1 the plaintiff, on 24.7.1985, issued a no objection certificate in favour of the defendant No.1 in order to enable them to avail loan facilities from American Express Bank Chittagong; the defendant No. 1 simultaneously contin&sh..

Category: Civil Law | Date: | Hits: 106

Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)

....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respondent No.2 and his late father on taking loan From Bangladesh Shilpa Bank (BSB) in the name of the M/S Capri Cinema Hall (Pvt.) Ltd. They bei..

Category: Civil Law | Date: | Hits: 128

Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)

....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......pondent No.1 company opened a letter of credit on 7.10.1987 for importing machineries which were released by trust receipt. On 23.9.1989 it requested for conversion of trust receipt into a project loan. The petitioner, Sonali Bank by sanction letter dated 30.1.1990 granted the project loan by co..

Category: Banking Law | Date: | Hits: 100

Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)

....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......, against the defendant petitioner for reali­sation of its outstanding dues from the defendant-peti­tioner. The suit was filed on 27-3-2003 claiming Taka 38, 06,058 as against the original loan of Taka 7.50 lac sanctioned on 29-4-1990. 3. The defendant-petitioner contested the sui..

Category: Civil Law | Date: | Hits: 104

Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)

....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......got their names mutated by paying rents and subsequently respondent No. 5 also mutated his name in government sheristas and he kept the property in mortgage to Jamuna Bank, Dilkusha, Dhaka and took loan which is being invested in his business and, as such, the application for temporary injunctio..

Category: Property Law | Date: | Hits: 22

Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)

....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......while defendant No.2 and defendant Nos. 6 (ka) - 6(uma) and defendant No. 7 contested the suit. Their contention was that the deed of sale under pre-emption was in fact a deed of mortgage to secure a loan of Tk. 8,000/-on repayment of which defendant No.1 had reconveyed the suit property to defendan..

Category: Property Law | Date: | Hits: 66

ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)

.... 2. The relevant facts are: - The plaintiff respondent No. 1- Pubali Bank got a money decree on 29.1.96 from Artha Rin Adalat, Dhaka in Money Suit No. 214 of 1990 against the appellants for realisation of a sum of Tk. 207,803.64 paisa with cost as well as 20% inter­est from 22.12.86 t...... order of the High Court Division and direct the High Court Division to register the appellants appeal pre­ferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..

Category: Civil Law | Date: | Hits: 87

Planters (Bangla­desh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)

.... For the reasons stated above, the appeal is dismissed with costs. Decretal amount will be paid within three months, in default decretal amount will be paid with interest at the rate of 15% till realisation of the amount. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 1...... Company Limited purchased the proper­ties with all their Machineries for Tk. 4, 00,000/- which was borrowed from the Model Bank Limited. The defendant company approached the plaintiff Bank for loan. One S.N. Mookerjee who was Managing Director of the defendant company and also a Director of ..

Category: Business or Commercial Law | Date: | Hits: 139

M/s. House Build­ing Finance Cor­poration Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)

....accrued income, if realised or unrealized, is to be shown in the profit and loss account for the purpose of Income-tax return then no relief could be obtained on the unrealised interest before its realisation was barred by time which is the abnormally long period of 60 years. Appellant, therefor......nt, a statutory body constituted under House Building Corporation Act, 1952 was created for the purpose of providing financial facilities for construction of houses in cities and towns by granting loans on secu­rity by mortgaging land and the house to be constructed thereon. Accordingly, the..

Category: Fiscal/Taxation Law | Date: | Hits: 102

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

....ase, so far necessary for disposal of the appeal, are the following: Plaintiff's father filed Money Suit No.3 of 1958 in the Court of Subordinate Judge, Sylhet, against one Jagadish Chandra Das for realisation of his dues from a loan. In due course the suit was, decreed, and for reali­sation ...... plaint are that his father Haji Kalimullah used to advance money to Jogesh Chandra Das who was his retained lawyer. Before leaving for Calcutta for treatment of his illness Jogesh Chandra Das took loan from him, but as the loan was not repaid plaintiff-appellant filed Money Suit No. 3 of 1958 in..

Category: Others | Date: | Hits: 86

Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)

....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......iage they used to live at the house of the plaintiff's father as husband and wife and there­by she conceived. Subsequently the defendant took Tk. 10,000/- from the plaintiff's father as a refundable loan to run his business and there­after the defendant once again pressed the plaintiff to collect ..

Category: Family Law | Date: | Hits: 180

Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and oth­ers, 2003, 32 CLC (AD)

....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs.  Ed.  This Case is also Reported in: II ADC (2005) 291. ......ts including the fact that the amount decreed was in respect of a lia­bility arising out of a commercial transaction.  8. In this case the plaintiff has undertaken the contract work taking a loan from and the Bank @ 18% compound interest. The appellant has urged the grant of interest till r..

Category: Civil Law | Date: | Hits: 88

Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

.... in the 3rd Courts and Commercial Court No. 2, Dhaka which was a suit for recovery of money by sale of mort­gaged property for a preliminary decree for Tk. 14,00,000/- with interest at 20% till realisation with a direction that the Schedule property be sold on failure to pay the decretal amo......t No. 1 (respondent No. 1 here­in) is a company carrying on the business of export and buying and selling of jute. Defendant Nos. 2-9 are its Managing Director and Directors who guaranteed the loan unsanctioned by the appellant Bank. Defendant No. 1 was given accommodation by the plaintiff B..

Category: Property Law | Date: | Hits: 28

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ......ntiff is a private limited company and has a freezing plant in Chalna. The freezing plant runs by public power supply from Power Development Board (P.D.B). The plaintiff runs the Business by taking loan from Janata Bank. The stock of shrimps of the plaintiff is kept in the refrigeration room and ..

Category: Civil Law | Date: | Hits: 138

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......d in 1965 leaving behind wife Bahar Ara (Respondent No.4) and 2 minor sons - Zakir Hossain Rezvi, and Iftekhar Rezvi. The mother of the minors was appointed their guardian. On mortgaging the property loan was obtained from the House Building Finance Corporation and the heirs of S.K. Rezvi con­struc..

Category: Property Law | Date: | Hits: 29

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......ation under Order 7 Rule 11 for rejection of plaint on the ground, inter alia, that the suit is barred by Section 5(1) of the Artha Rin Adalat Ain, 1990 as the subject matter of the suit was not a loan within the meaning of the words as defined in the said Ain. The said application was rejected ..

Category: Others | Date: | Hits: 95

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......e State Bank of Pakistan in Khulna. The further case of the appellant is that some of those ornaments were mortgaged to "H. Dey Jewellers" by different customers on different dated for loans taken by them. 3. A petition for succession certificate was filed earlier as Miscellan..

Category: Property Law | Date: | Hits: 39

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......3 with Kotwali Police Station (Barisal) against the petitioners stating inter alia that the convict petitioner Abdul Huq Sikder was a Field Assistant of Sonali Bank, Barisal and he recommended for loan of the fake person named Motaleb Majhee who was alleged to have been identified by one fake Ma..

Category: Criminal Law | Date: | Hits: 44