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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

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)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137....... 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

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......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)

.... is no provision that such a suit may only be filed against a borrower/guarantor, that High Court Division was in error in upholding the order of the Artha Rin Adalat inasmuch as the suit for being realisation of a loan which is within the definition of loan as given in section 2(kha) of the said......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

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

.... terms: "That the suit be decreed on contest against the defendants 1-3 with costs and ex parte against the rest without costs. The plaintiff do get Tk. 97,750/- with interest @ 15% per annum till realisation." 3. The appellant calculated interest from the date of the decree to the date of pay......sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dis­missed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ..

Category: Civil Law | Date: | Hits: 113

Serajul Hoque (Md.) Vs. State, 1989, 18 CLC (AD)

.... till disposal of Criminal Appeal No. 179 of 1986 now pending in the High Court Division. Realisation of fine is also stayed till then. Ed. This case is also reported in: 42 DLR (AD) (1990) 52. ......fault to suffer rigorous impri­sonment for one year more. 2. The prosecution case against him is that while acting as the Jute Input Supply Officer he received Taka 15,532'25 paisa from different loanees, but he misappropriated the same. The High Court Division admitted his appeal for hearing, b..

Category: Criminal Law | Date: | Hits: 34

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

Kazi Mokarram Hossain Vs. Sec, Min of Cabinet Affairs, Establishment Division, Government of Bangladesh, 1978, 7 CLC (AD)

....Order No.67 of 1972. In this view of the matter the contention of Mr. Karim fails. We find no merit in this petition. It is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 64. ...... 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

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)

....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......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

Iqbal @ Salim Vs. State, 1989, 18 CLC (AD)

....yment of fine as a condition of getting bail is not sustainable in law or on the principle of reasonableness. The order is set-aside and the appeal is allowed. The appellant will continue on bail and realisation of fine be stayed till disposal of the appeal in the High Court Division……………â......lant will contin­ue on the bail and realisation of fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 111 ..

Category: Criminal Law | Date: | Hits: 53

Abdul Jalil Vs. Bangladesh House Buil­ding Finance Corporation & another, 1989, 18 CLC (AD)

....rchaser is entitled to compensation of Tk. 75,000/- to be deposited with the District Judge within 2 months, in default the auction purchaser is entitled to interest on the amount at the rate 9% till realisation……………(9 & 10) Lawyers Involve M.H. Khondker, Senior Advocate, A. F. Mohamm......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

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....the learned Attorney-General for making available all the books cited by the parties in this case. For the reasons, the appeal fails. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 30 ......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