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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)
....ed as the lone eye-witness subsequent to the FIR and the learned Judge found the charge to have been proved relying absolutely on the evidence of that lone eye-witness without any proper scrutiny and realisation of the improbability of the version given by him. The learned Judge failed to notic......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
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....the property for nonpayment for some time unless person to whom the claimant of the land owes obligation of payment of rent initiated proceeding, either rent suit or certificate proceeding for realisation of rent or other dues and finally put the land in auction for realisation of the rent ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....Gulshan Model Town, Dhaka (Property in suit). Defendant No. 1 filed Miscellaneous Case No. 88 of 1976 in the Court of District Judge, Dhaka under Article 27 of President's Order No. 7 of 1973 for the realisation of loan money against MA Naser, the loanee and 2 others i.e. Dhaka Improvement Trust (De......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
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....oned in the opening clauses of the respective Articles are satisfied. The management and administration of the industrial concern may be taken over and the property pledged/ mortgaged may be sold for realisation of the claims and dues of the Bank both under Article 33 and Article 34, the difference ......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)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......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
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)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......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)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......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)
....ce the trial Court decreed the suit for this amount along with interest. The decree has been challenged in the first appeal. In the meantime respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. The appellant made an application for staying further proceedi......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
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
.... alia, that he is lessee of the property situated at plot No.4, Block No. NW(F), Gulshan Model Town, P.S Gulshan, Dhaka and that the respondent No.2 Janata Bank filed Title Suit No.217 of 1993 for realisation of its dues and obtained preliminary decree on 05.09.1999 and final decree on 17.0......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......(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
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
.... 6. Hosne Ara Balu Tk. 85 lac 7. Ismail Hossain Seraju Tk. 64 lac Total = 4 crore 36 lac and...... "out of which total realisation from the different shareholder directors transferred 5,81,00,0007- only by different che......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....he High Court Division in Writ Petition No. 3288 of 1999 discharging the Rule. 2. Short facts are that the respondent No. 2 filed Title Suit No. 112 of 1997 against the writ petitioner for realisation of Taka 4,93,05,248.16 and for sale of the mortgaged properties for realisation of the ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....cial building (Supermarket) in Chuadanga town. The appellant having failed to repay the loan as per terms of the loan agreement the suit was filed by the respondent No. 1 against the appellant for realisation of the loan amount with interest. The suit was contested by the appellant and others. O......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
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