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Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......rise of Meghna Group of Industries. The writ-petitioners and two others namely Mr. MF 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 l..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....ted from in this case resulting in failure of justice. Lastly, he contends that both the trial Court and the appellate Court being unduly impressed by the brutality attended with the murder did not care to appreciate the defence case, particularly, when law does not require the accused to prove hi......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....ng that Naser was dead was itself wrong and based on gross misappreciation of the evidence on record. The evidence of the DWs that Naser is alive and doing business in Karachi has been illegally discarded, it is submitted. 26. We have considered the facts and circumstances of the case in the ......rdinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then East Pakistan, took a loan of Tk. 40,000/- from the House Building Finance Corporation, defendant No. 1, in 1964 and con..Category: Property Law | Date: | Hits: 95
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......s extinguished 40/43 years ago during their life time and the defendants acquired title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Tk. 71/- on 12th Ashar, 1336 B.S. and another sum of Tk. 92/- in 1337 B.S. from Tayebuddin B..Category: Property Law | Date: | Hits: 26
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... of 1877), Section 56 When a court may grant a temporary or mandatory injunction- When plaintiffs’ distributorship was cancelled and newly appointed distributor was carrying on the business the plaintiffs have no prima facie case for injunction and as the balance ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....t of Pakistan considered sections 39, 40 and 41 of the Industrial Development Bank of Pakistan Ordinance, 1961 which corresponds to Articles 33, 34 and 35 of the Order. It has been held that, "Upon a careful examination of those provisions we are unable to agree that the ordinance provides these......or sale of the same (Annexure Q) published in the daily newspaper "Dainik Bangla" on 12.4.90. 3. Facts of the case, briefly, as in the writ petition are, that the BSB sanctioned a local currency loan of Tk. 23,00,000/- to the petitioner for setting up a light engineering workshop at the BSCIC I..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....order dated 6 June, 1989 passed by the High Court Division Dhaka discharging the Rule in Writ Petition No. 74 of 1989. 2. Material facts of the case, briefly, are that the petitioners acquired two cargo carrying vessels Fairtech I and II, from Japan having taken foreign currency loan of US $ 6,30......le in Writ Petition No. 74 of 1989. 2. Material facts of the case, briefly, are that the petitioners acquired two cargo carrying vessels Fairtech I and II, from Japan having taken foreign currency loan of US $ 6,30,000,00 from the Bangladesh Shilpa Bank, respondent no. 1 on 30.12.78 for the sai..Category: Banking Law | Date: | Hits: 94
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....dence of motive. The dying declaration was not free from reasonable doubt. So, the appellant is entitled to benefit of doubt……………………(20 & 23) Lawyers Involved: Jamiruddin Sircar, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Appellant.......he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ..Category: Criminal Law | Date: | Hits: 44
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of their banking business sanctioned loan of Tk. 25,00,000/- to the defendant No.1, the petitioner No.1 herein, and as security for the..Category: Banking Law | Date: | Hits: 101
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......993 whereby the material plaint allegations were denied and it was contended, inter alia, that there was neither any malafide nor any grudge behind the order of termination; that unauthorized loan advanced by the plaintiff shall be adjusted out of his dues and the balance shall be paid to h..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ...... subscriber shareholders were 1. Mr. Zillur Rahman Chowdhury, 2. Mr. Md. Mojibur Rahman, 3. Mr. Shafiur Rahman and 4. Mr. Shamsul Hoque with 5000 shares out of 20,000.shares. 5. In order to enjoy loan facilities from the Agrani Bank, which sanctioned a project loan of Tk. 4, 61, 66, 0007- on 1st..Category: Business or Commercial Law | Date: | Hits: 109
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
....ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ...... the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mill took a loan of (TK. 33,44,000/- +11,000/-)= TK. 33,55,000/- and he failed to clear the dues for which the ..Category: Criminal Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....ce of explosion of bomb in the vehicle the two Judges were killed and two others namely, Mannan and Badshah, were injured. He further deposed that another person who was also injured was found by him carrying a bag in his hand before the occurrence and after the occurrence some leaflets were also fo......nterest, the witness was invited to Mridha Bari situated at Rupatali Laldigir Par and he went there and found aforesaid Mehdhi along with some others and that thereafter on one occasion Mehdhi took a loan of Taka 500 from the witness and the witness in the first week of October had been to the afore..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....4. In any view of the matter, if the words "materials if available may be issued from PCA store" was the guiding factor then what was the need for the port authority to request the respondent No.1 to carry out the works by purchasing the materials from outside at market price giving him the assuranc......her rate, the respondent No.1 who in the meantime already invested huge fund in the works went on with the construction works by purchasing the materials from the market at a higher rate on arranging loan of Taka 25,00,000 from the National Bank Limited and loan of Taka 15,00,000 from BCI Bank Ltd w..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......ced the impugned judgment of the High Court Division and other materials on record and referring to the judgment of the High Court Division submits that BADC has been found technically liable for the loan and it was, in fact, the responsibility of the Ministry of Finance to ..Category: Business or Commercial Law | Date: | Hits: 135
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......Respondent-plaintiff filed Money Suit No. 139 of 1989 in the 3rd Court of the Subordinate Judge, Dhaka, for recovery of Tk.1.91 lacs from the appellant-defendant alleging that he had taken business loan of Tk.1.75 lakhs from him promising to repay the amount, along with profit at the rate of 3%, w..Category: Civil Law | Date: | Hits: 117
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....ter hearing the parties, we have found with regret that the matter has been dealt with in an absolutely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to......(BPUS) otherwise called Integrated Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in 1973; that he had to his credit commendable service records; that his wife took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority a..Category: Employment/Service Law | Date: | Hits: 73
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... Md. Siddique sprayed bullets and attacked them. Informant's deceased husband was shot in the head, waist and legs. The driver Munir Hossain in attempt to save him stepped on the accelerator of the car but he was also shot. The car could not go very far. After the accused left the place of occurr...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ision and not writ petition was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The..Category: Banking Law | Date: | Hits: 157
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......asted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation, both against huge amount of loan, and those loans have not yet been repaid and the defendants are also setting up new tenants b..Category: Property Law | Date: | Hits: 36
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