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Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......pposite party No. 1 for the office of Chairman of No. 4 Gachua Union Parishad, Muladi, District-Barisal was void and the petitioner declared elected, on the ground, that the opposite party No.1 was a loan defaulter of Janata Bank, Corporate Branch, 110, Motijheel C/A. Dhaka in addition to other grou..Category: Election Law | Date: | Hits: 162
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......ent acquired the suit land along with other lands for rehabilitation of refugees coming from India and the relief and rehabilitation authority allotted the said land to refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which,..Category: Property Law | Date: | Hits: 37
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... question of law. 10. As to the observation of this Court made in the cases of A.F.M. Shah Alam and others, 41 DLR (AD) 68, it appears that the learned Single Judge did not go through the judgment carefully, and consequently, he held the erroneous view that rejection of a nomination paper "is n...... called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Officer by an order dated 11 January 1988 on the ground that he was a defaulter for nonpayment of a loan taken by him from the Janata Bank; and there having been only one nomination paper left, Appell..Category: Election Law | Date: | Hits: 173
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....eturning with his companions to Narayanganj officer with sale proceeds of cigarette and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was carrying them and that the miscreants put him into a ditch when he refused to hand over the ke......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....ention of the parties can hardly be addressed in its correct perspective and in the absence of relaying the land in suit with reference to the map so filed by the Railway there is likelihood of miscarriage of justice. 12. In that view of the matter we are of the view that the case should......his name and paying rent, that he has erected pukka latrine and transplanted trees and is enjoying the land so, leased out to him, that he has applied to the House Building Finance Corporation for loan to build a 4 stored building and that he has started foundation work, that on June 2, 1987 def..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..Category: Property Law | Date: | Hits: 34
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......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 in..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......g as many as 7 defendants including the present Respondent Nos.l and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash-Credit (hypothecation) and Tk.30,00,000/- by way of Cash-Cred..Category: Banking Law | Date: | Hits: 129
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......dents Judgment November 15, 1989. Result: The appeal is allowed. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), section 7(2)(g) Default in the payment of any loan has been made a disqualification to be elected or to be nominated to the election of a Chairman..Category: Election Law | Date: | Hits: 124
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....ed on the ground of omission of any fact deposed by him in the F.I.R. Moreover evidence of eye-witness have been corroborated by a disinterested witness. So such evidence of eyewitnesses cannot be discarded………………..(47 & 54) Cases Referred to— Nazir Vs. State 14 DLR (SC) 159; Niaz ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
.... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ......an application for cancellation of the nomination paper of the appellant on the ground that he was disqualified for election under section 7 (2) (g) of the Ordinance being a defaulter in repaying the loan taken from the Bangladesh Krishi Bank, Habiganj. The Returning Officer rejected the applicati..Category: Election Law | Date: | Hits: 130
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
.... is allowed with costs. The judgment and order of the High Court are set aside and those of the Additional District Judge are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 123.......dure since the question whether the appellant is a co-sharer tenant or not is a question of fact. 9. The case of Joy Chand Lal Babu v. Kamalaksha Chaudhwry and others, 53 CWN (PC) 562 deal with a loan and question arose for determination as to whether it was a commercial loan within the meaning ..Category: Property Law | Date: | Hits: 33
....him before the Second Screening Board may be considered as his reply to these charges. The Board on 19-12-74 again directed the petitioner to submit statements in respect of his Pabna House and motor car. The petitioner submitted particulars of the aforesaid property on 30-12-74. The Board again o...... to submit more particulars about his property to which the petitioner complied with. His defence was that the cost of construction of the building was met from a donation from his motor and from the loan of House Building Finance Corporation and also from the rent received from the house. As regard..
Category: Employment/Service Law | Date: | Hits: 72
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....rstood in its general connotation to include authoritative judicial principles laid down by superior courts. We may for the sake of comprehensiveness and clarity say, that the phrase embodies the cardinal principles of ‘due process’ as understood in the American Constitution. Considere...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Md. Abdur Razzaque Vs. Chief Election Commissioner, 2006, 35 CLC (AD)
....ter, there is no substance in the submission of the learned Counsel for petitioner. The petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 416. ...... 2. On the basis of notification for holding by-election to the post of Chairman, the petitioner along with others filed nomination paper on 1.1.2003. On 2.1.2003 the petitioner deposited the loan amount to the authority concerned and thereby ceased to be a defaulter but on scrutiny by the ..Category: Election Law | Date: | Hits: 116
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
...., Article 32(Protection of right to life and personal liberty) and all the other Articles 32 and 43 enumerate the rights which are guaranteed. 63. Then comes Article 44. Article 44 had a chequered career. Originally, it reads: "The right to move the Supreme Court in accordance with clause (1) of ......bligations under the European Convention on Human Rights, GATT, or other multilateral conventions to which this country had acceded. Again, when the Government is obliged to seek a very large loan from external sources, it may be compelled to introduce restrictive fiscal and economic mea..Category: Constitutional Law | Date: | Hits: 1934
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......81 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of the defendant No.1 for the Multi-storied Housing Scheme with floor space limit 1500 sft. ..Category: Property Law | Date: | Hits: 41
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109......J Abdul Jalil.................Petitioner Vs. Bangladesh House Building Finance Corp. & anr........Respondents Judgment August 21, 1988. Compensation The entire balance amount of loan having been paid in full by the appellant and no outstanding claim remain with HBFC and such pa..Category: Property Law | Date: | Hits: 30
....e directed to problems made manifest by experience and that its discriminations are based upon adequate grounds."
Bruen J, in Gulf Colorado Rly. v. Ellis, 165 U.S. 150, however, warned against carrying this presumption too far and observed:
"To carry the presumption to the extent of hold......rashi Union Parishad in the district of Gopalganj which was held on 10.2.1988. He filed his nomination paper but it was rejected by the Returning-Officer on the ground that he defaulted in repaying loan taken by him from the Janata Bank and Krishi Bank and as such he was disqualified from seeking ..
Category: Election Law | Date: | Hits: 212
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....are sold by a creditor bank, a guarantor has no claim against the bank with regard to any alleged negligent disposal of the security and that the bank owed no duty to the guarantor to take reasonable care and skill obtain the best price reasonably obtainable. 24. Dr. Hossain then referred to the......spahani ....................Appellant. Vs. Sonali Bank and others. ...................Respondent Judgment August 30, 1983. Result: The appeal is allowed in part. Contract – loan- Contract with the bank Liability of the debtors to pay the creditor can not be bye-passed ..Category: Civil Law | Date: | Hits: 110
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