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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....f legal terms and the exact purpose for which the distinction is being made". 19. Referring back to the provision of section 5 of the Artha Rian Adaiat Ain, 2003 providing for form for realisation of the loan by filing a suit therein and providing an exclusive forum for filing the su......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

Alaluddin Vs. State, 1999, 28 CLC (AD)

....and sentenced to rigorous imprisonment for 2(two) years and a fine of Taka 61,000.00 in default, to rigorous imprisonment for 6(six) months more under section 409 has been refused bail and stay of realisation of fine by the impugned order dated 5-5-99 passed by a Single Judge of the High Court Di......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162.     ..

Category: Criminal Law | Date: | Hits: 50

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......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

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)

....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......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)

....of the High Court Division can not be sustained. Accordingly the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......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)

....irst, about the competency of the authority issuing the notices. Sub-section (1) (Ga) of section 17 of the Bank Companies Act, 1991 as amended by Act XI of 1997 authorises a Bank to issue notices for realisation of advance loan, instalment, interest and other dues realisable by the company, the cons......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

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....rees passed in Small Cause Courts suit Nos. 12 of 1972 and 11 of 1973 brought by the respondents against the pe­titioner. 2. Respondents brought the aforesaid two suits against the petitioner for realisation o: arrear house rent of a certain premises on the allegation that the petitioner was a m......a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ..

Category: Tenancy Law | Date: | Hits: 163

Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)

....of imported or exported goods and accordingly, when the Government finds from materials that the importer or exporter have taken resort to under-invoicing or over-invoicing and in order to protect realisation of proper customs duty, and to protect the local industrial self­same product, the ...... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 107

Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

.... holding that: "It is fact, that the order in execution does not clearly sanction the interest in favour of the decree-holder but the prayer of the decree-holder in respect of interest till final realisation along with penal interest has not been specifically denied by the court." 4. On 20.5.......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

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....-holder is found to have continued when the land was exchanged with Mohesh Saha in 1936, and even after the exchange, he is found to have continued in possession of the land for a few years more. For realisation of arrear rent Mohesh Chandra Saha filed a rent suit as appears from the papers Ext. 5 s......ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..

Category: Property Law | Date: | Hits: 38

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....ed that the legal obligations on States (under para 33) to respect, protect, fulfill their duties to secure rights and that these include administrative, judicial and other promotional measures for realisation of rights. The committee further discusses at para 36 the im­portance of securing ......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

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