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Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16, 1990. The respondent No.2 put the decree into exe..Category: Civil Law | Date: | Hits: 111
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ......dra Ghosh to the effect that if the borrowed money is returned within two years, Nagesh Chandra Ghosh would reconvey the land of the aforementioned kabalas, that Manada Chandra Ghosh paid back the loan amount to Nagesh Chandra Ghosh and he executed a deed of re-conveyance on July 14, 1964 but th..Category: Property Law | Date: | Hits: 25
Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....but having several reminders Bangladesh Krishi Bank and insurance company did not make any inspection and also did not take any step to release the machinery which were lying at the Benapol port uncared for and ultimately the plaintiff had to release the said part machinery on payment of huge sa......achinery on payment of fund in foreign currency and the plaintiff would purchase land and construct factory building for establishment of the Ice Plant and cold storage. It was agreed upon that the loan would be sanctioned in foreign currency and not in Bangladeshi currency. A tripartite contrac..Category: Civil Law | Date: | Hits: 103
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......n Adalat Ain 1990 which provides that notwithstanding anything contained in any other law for time being in force subject to the provision of sub-section (5) and (6) thereof, the realization of any loan by financial institution is to be done through suit filed in Artha Rin Adalat and the same sha..Category: Civil Law | Date: | Hits: 96
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
.... dint of his own perseverance and hard work, he made his fortune, However, the petitioner could not pursue his education more than Class-VIII; that after good deal of struggle he built up his career. He is also well known for his social works; that by his own merit and philanthropic activit......lfilling the commitment to the people. g) Description of assets and liabilities of the candidate and dependent of the candidate. h) Particulars and amount of loan taken from Bank or Financial Institutions deals with public money personally, jointly or by..Category: Election Law | Date: | Hits: 124
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....or his personal use and in another case vehicles more than 5 years old for use in the Government Project were permitted to he imported. But the petitioner's case is otherwise as the imported 10 cars more than 5 years old were not for his personal use rather for commercial purpose and the H...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......llant that the Respondent No.3 owes huge dues to the bank is not material in the context of the matter involved in the case brought by the appellant before the Court and that the question of taking loan by the Respondent No. 3 and the liability thereof, if any, to the Bank are extraneous matter ..Category: Property Law | Date: | Hits: 36
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......arities having been detected in the above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to do anything for protection of the interest of the appellant Bank..Category: Administrative Law | Date: | Hits: 104
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......s from the date of receipt of the above notice failing which the appellant would be deemed to have vacated his post as director of above Bank; in the said notice the appellant was shown liable for loan of Tk. 51.76 lacs against the A/C of Md. Amanullah though the appellant was merely a guarantor..Category: Banking Law | Date: | Hits: 112
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....e dismissed. 4. The leave was granted to consider the submissions of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk of sale o......n and also barred by the principles of estoppel, waiver and acquiescence. His specific case, in short, is that on account of urgent necessity (of) money, the defendant approached the plaintiff for loan of an amount of Tk. 3,000.00 in the month of Jaishstha, 1379 B.S. and the plaintiff agreed to ..Category: Property Law | Date: | Hits: 30
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... out of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-J.E.O. Shariakandi and others by granting re..Category: Criminal Law | Date: | Hits: 96
Abul Hossain and Brothers Vs. Rupali Bank Limited, 2006, 35 CLC (AD)
....e leave-petition. In the aforesaid premises, we find no legal infirmity for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 785. ...... period) was up to 31-08-1994; and for which the petitioner executed necessary charge documents in favour of the plaintiff-Bank and the defendant-respondent Nos. 3-5 stood as guarantors of the said loan and they also mortgaged the schedule property to the plaintiff- Bank. The defendant-responden..Category: Banking Law | Date: | Hits: 85
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....fendants also took the keys of the office and the factory of the plaintiff on the plea of inspection but ultimately they did not return the same and as a result the plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to the dama......oint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they al..Category: Business or Commercial Law | Date: | Hits: 75
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......aintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of..Category: Property Law | Date: | Hits: 35
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......andard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit No. 261 of 1999 and the borrower defaulted in repaying the loan and so the aforesaid bank filed the above suit for realizing the money and obtained a decree of..Category: Civil Law | Date: | Hits: 132
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......e same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 113 of 1983/59 of 1992 approached the bank for loan and thereupon an amount of Tk.14,00,000/- was sanctioned on March 15, 1996 and on May 15,1978 ..Category: Civil Law | Date: | Hits: 105
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......mpanies Act, 1991 (X of 1991), Sections 17, 45 & 49 As the petitioner submitted no representation under sub-section (2) of section 17 of the Act the writ petition, against notice to repay the loan and failing which directorship of the petitioner of the concerned bank to cease, was premature ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....leswar Government Primary School Polling station with the election result and materials at Indurkani Bazar till midnight and thereafter he was brought therefrom with election materials by sending a car. The election result of the said centre was changed with the help of the Presiding Offic......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......briefly, are that the respondent filed Money Suit No. 21 of 1978 on 18.8.78 in the Second Court of Subordinate Judge, Dhaka claiming the aforesaid sum of Tk. 50,226.70 (with interest) on account of loan advanced to the appellants. The original loan amount was Tk. 45,000/- to which interest and o..Category: Banking Law | Date: | Hits: 134
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ement, that after purchasing the property the petitioner got her name mutated in the records of the different authorities, obtained approval from the RAJUK for making construction and also obtained loan from the House Building Finance Corporation and made construction in the property in question. ..Category: Property Law | Date: | Hits: 37