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Zahirul Islam Vs. National Bank Limited and others, 1993, 22 CLC (AD)
....al if the petitioner's remedy by way of appeal is not already barred. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in:46 DLR (AD) (1994) 191 ...... Haque Siddique, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 359 of 1991. Judgment Mustafa Kamal J.- The petitioner was a guarantor for the repayment of a loan taken from respondent No. 1 National Bank Ltd. by respondent No. 2 New Sonali Garments (Pvt) Lt..Category: Civil Law | Date: | Hits: 139
Rupali Bank Ltd. Vs. Tobacco Industries Ltd. and others , 1994, 23 CLC (AD)
....petitioner bank, which should better take action against its own wrong doers, if any. The Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 190 ......r. 2. Mr. Shaheed Alam, learned Advocate for the Petitioner, has submitted that exclusion of the Directors who had given guarantee "both collectively and severally" for the Bank's loan, seriously prejudiced the petitioner-bank's Suit and that to do "complete Justice" t..Category: Banking Law | Date: | Hits: 106
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....ritten statement is struck off and the counter-claim is rejected as being not maintainable under the Adalat Act. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 174; 1994 BLD (AD) 196. ......ter‑claim was not maintainable. 9. During the hearing of the appeal it was not disputed by either side that the Adalat Act is a special legislation providing for special measures to realise the loans given by financial institutions. The Preamble of the Act recites that the Act has been enacted..Category: Banking Law | Date: | Hits: 168
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ever, salient features of the case are being described below. 3. Defendant, Sonali Bank took up a scheme called "Bikalpa" for helping unemployed University graduates by providing them with taxi‑cars so that they could earn their livelihood as taxi-drivers. Under this scheme the defendant-Bank ......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....tioner‑Sangstha, would actually include interest and penal interest accrued between 1.1.72 and 1.7.77, the last date being the date of institution of the miscellaneous case. 9. We have carefully perused our judgment and have heard the submissions of the learned Counsel for the petit...... Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for realisation of the petitioner's dues, fallen due owing to default in payment of two foreign exchange loans from erstwhile PICIC, amounting to Taka 29,72, 910.29 equivalent to US $ 1,90,609.05 only as ..Category: Banking Law | Date: | Hits: 125
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ly with the demand of justice notice stating that they have constructed many shopping complexes in the Dhaka City Area without the approval of the respondent No.2 and that there is provision for a car park in the shopping complex which is a substantial compliance of the Master Plan. 3. T......this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ..Category: Environmental Law | Date: | Hits: 293
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....33 of Companies Act and thus the directions given by the High Court Division were in accordance with law and the Companies Act, 1994 and calls for no interference." 11. Our careful consideration of the relevant legal provision and the spirit of the above decision, reveals......e financial aspect of the company although the respondents gave personal guarantee in favour of the bank and the respondent No. 4 and his wife mortgaged their properties to secure repayment of the loan taken by the respondent company. In the meantime, the Agrani Bank filed Title Suit No. 8 of 19..Category: Business or Commercial Law | Date: | Hits: 86
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
....t they did not promise that they would never repeat the forbidden act. It was devoid of remorse as well. The contemners by casting doubt about the flag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humiliate the author......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ......on in Writ Petition No. 60 of 2000. 2. The writ petition was filed stating, inter alia, that the petitioners are involved in manufacturing and export of readymade garments and enjoying loan, overdraft and banking facilities from the appellant Bank, that they have filed Title Suit No..Category: Banking Law | Date: | Hits: 121
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ...... the case stating, inter alia, that the case is not maintainable for pre-emption as the transaction was not out and out sale but on mortgage with condition to purchase. The respondent No. 2 took a loan of Taka 7,000 from the respondent No. 1 and 3 by mortgaging the case land and in turn executed..Category: Property Law | Date: | Hits: 71
Abdul Kader Vs. Secretary, Election Commission and others, 2006, 35 CLC (AD)
....f their duties." 8. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed Ed. ................Respondents Judgment October 23, 2005. The Local Government (Union Parishads) Ordinance, 1983 (LI of 1983), Section 7(2)(g) The question of rescheduling of loan by a defaulter by the Bank does not find place in section 7 (2) (g) of the Ordinance. Conseque..Category: Election Law | Date: | Hits: 106
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......a clear bar to the deposit of the share certificates made by the judgment‑debtor No. 2. The learned Judge upon quoting section 24 observed that this section is applicable if the company gives loan to a shareholder or a director on the security of the share certificates already held by such..Category: Business or Commercial Law | Date: | Hits: 124
....rnment the power to administer, control, manage and dispose of, by transfer or otherwise, the said leasehold interest.
36. Article 5 also provides as follows:
"5. (1) For the purpose of carrying the provisions of PO No. 16 of 1972 into effect, and in particular for the purpose of secur......0'00 including interest to Agrani Bank. The appellant asserts that it has spent a huge amount of Tk. 6.5 crores for repair and renovation of the machineries and equipment’s of the factory by taking loan from Commercial Banks mortgaging personal properties and assets of the Directors of the appella..
Category: Property Law | Date: | Hits: 68
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....ng Corporation in its affidavit‑in ‑opposition joined issue with the respondent, denied the allegations made against it and laid its claim to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and damages which is alleged to be the first charge o......he learned Additional Attorney‑General, supports the contention raised by Mr. Syed Istiaque Ahmed, the learned Advocate for respondent No. 1. The cited decision is a case wherein the shipper took a loan of L‑300 from the appellant‑bank for sending some machinery from London to Poti in Black Se..Category: Business or Commercial Law | Date: | Hits: 130
Hazrat Ali and others Vs. The State, 1992, 21 CLC (AD)
....hatun found the following injuries on her person: "(1) One incised wound 6" x ½ “x muscle on the right side of the face extending from angle of mouth for right car level. (2) One incised wound 6" x ½ “bone cut on the right side of......ntenced W imprisonment for life and conviction of Abdul Khaleque under sections 302/34 of the Penal Code is maintained but his sentence of death is commuted to imprisonment for life. Ed. ..Category: Criminal Law | Date: | Hits: 69
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....y him and ;secondly, whether income, profits and gains of the assessee can, for the purpose of taxation, be properly deduced from the accounts submitted by the assessee. The Income-Tax Officer may discard the account submitted by the assessee as the basis of his computation only when no method of ac......uring different types of containers, etc. and finished products manufactured and sold. Thus the accounts remain unverifiable. Hence the position shown cannot be accepted." 3. On a scrutiny of the loan account disclosed by the assessee in respect of the said assesment year, the Income-tax Off..Category: Fiscal/Taxation Law | Date: | Hits: 164
Abdur Razzaque & anr Vs. The State, 1976, 5 CLC (AD)
.... police party to the house of Altaf Hossain and from appellant Altaf Hossain's north bhiti dwelling hut appellant Razzaque brought out a 303 rifle along with a magazine box containing 7 live cartridges and one fired cartridge which were seized as the appellants could not show any lice......that the High Court Division rightly held that the accused, namely, the appellants had not been prejudiced in any manner. In the result, the appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 64
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....ompanies. Their registrations are in the United States of America. The Companies received some of their incomes in the then Pakistan by their ships touching Pakistan ports for loading and unloading cargoes. 3. The respondents were assessed to income tax by the Income Tax Officer, Com&......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......al system of the county becomes seized of a dispute under Section 39 of the Ordinance which arises out of an assertion of a legal right pertaining to enforcement of a security respecting repayment of loan. Such a dispute can .be litigated in the ordinary courts of country in accordance with the ordi..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ...... be liable to pay after the commencement of this Act. (a) any sum in respect of principal and interest which together with any amount already paid or included in any decree in respect of a loan exceeds twice the principal of the original loan. (b) on account of interest outstan..Category: Property Law | Date: | Hits: 64
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