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Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)

....s as follows: “3C. A member shall be entitled to import free of customs duty, sales tax, development surcharge and import permit fee during the whole of his term of office, one car or jeep of such specification, and on such conditions, as the Government may specify in this ......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..

Category: Constitutional Law | Date: | Hits: 152

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

.... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ......s are seeking leave to appeal from the impugned judgment of the High Court Division. 2. The prosecution case is that, the accused petitioners in collusion with each other managed to obtain loan amounting to Taka 18,600.00 from Sonali Bank, Nalchity Branch in the name of five dead person..

Category: Criminal Law | Date: | Hits: 67

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

.... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ......d order dated 19-1-97 passed by the High Court Division in Criminal Appeal No. 877 of 1994). Judgment       ATM Afzal CJ.- The petitioner Company, an admitted loanee of the respondent Bangladesh Shilpa Rin Sangstha, filed Writ Petition No. 604 of 1998 requir..

Category: Business or Commercial Law | Date: | Hits: 106

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ......t 10, 1999. Result: The petition is dismissed. The Bank Companies Act, 1991 (XIV of 1991), Section 17(1) Consequence of default of payment by the directors- Directorship of the defaulter loanee is vacated on the expiry of the period of two months notwithstanding the subsequent reschedul..

Category: Banking Law | Date: | Hits: 191

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......er 9, rule 9 in the cases under the Act. 5. At the same time, under sub-section (2) of section 6 of the Act it is provided that for setting a side an ex parte decree the defendant who is a loanee will have to deposit half the decretal amount or furnish bank guarantee therefor. 6..

Category: Business or Commercial Law | Date: | Hits: 104

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ......pection report and the report and recommendation of the Standing Committee. It may be mentioned that an inspection report was submitted by two officers of the Bangladesh Bank on 14-12-96 regarding loan account of MIS. Marshall Services maintained in the principal branch of the Arab Bangladesh Ba..

Category: Business or Commercial Law | Date: | Hits: 116

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......plaint, for confirmation of possession in 'Ka' schedule land and also for recovery of khas possession in 'Kha' schedule land. According to the plaintiffs, their predecessor, Abu Sadat Mridha took a loan of Taka 2,5000.00 from Jamir Hossain, predecessor of defendant Nos. 1-8 and conveyed the suit ..

Category: Property Law | Date: | Hits: 47

Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)

....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..

Category: Anti-Corruption Laws | Date: | Hits: 75

Alimuddin and others Vs. State, 1997, 26 CLC (AD)

....llip;…. Petitioners Vs. State ………………...Respondent Judgment August 4th, 1996 Lawyers Involved: Zamiruddin Sircar, Senior Advocate, Supreme Court, instructed by Shamsul Haque Siddique, Advocate-on-Record. ......o reason to interfere with the impugned order upon time-barred petition. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 118 ..

Category: Criminal Law | Date: | Hits: 74

Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)

....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......section 5 of the Act without considering the object and purpose of the Act. The proviso to section 5 of the Act, it was submitted, merely saves the special provisions and methods for realisation of loan by financial institutions provided by laws by which they were established but as far as suits..

Category: Business or Commercial Law | Date: | Hits: 117

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....nding that this concurrent finding of fact is bad either owing to misreading of evidence or omission to consider material evidence on record or for any other sufficient cause which has caused a miscarriage of justice. There is no such finding by the High Court Division. He further submits that b......ia. Ibrahim registered a deed in favour of Judhistir and in exchange Judhistir executed a power of attorney in favour of his son Dhirendra for execution of necessary deeds at Kushtia. Ibrahim took loan from many people and to avoid the creditors Ibrahim got settlement of the suit land in the nam..

Category: Property Law | Date: | Hits: 77

Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)

....ble in law and on facts, the learned Single Judge of the High Court Division ought to have condoned the delay and  admit the revisional application for consideration on merit to prevent gross miscarriage of justice.  4. Mr. Habibul Islam Bhuiyan, learned Advocate appearing for the appel......l briefly be narrated as hereunder: Respondent No. 2 filed a petition of complaint before the Thana Magistrate, Tarali, alleging, inter alia, that on the 1st of Bhadra 1395 BS the appellant took a loan of Taka 20,000.00 from him by signing a hand note with a promise to repay the same on demand. B..

Category: Criminal Law | Date: | Hits: 78

Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)

.... cases sufficient opportunity was provided to the certificate debtor to appear before the Certificate Officer and to lay his claim before the Certificate Officer. But the certificate-debtor did not care to take any step. Thus sufficient opportunity was given to respondent No.1, but it did not ava......y lawful authority and are of no legal effect. 2. Respondent No.1, namely, Meghna Enterprises Ltd. a cold storage and Ice plant at Barkamta under Debidwar Police Station, Comilla applied for loan from Bangladesh Krishi Bank, Monoharpur Branch, Comilla against pledge of goods. Bangladesh Kr..

Category: Business or Commercial Law | Date: | Hits: 150

Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)

....e High Court Division) was also present with the Airport Manager. Both of them shook hands with the two foreigners and the appellant Airport Manager made a gesture to the Security Officer who then carried the two foreigner-appellants by a special handling car upto the VIP Lounge No.2 Simul where......ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed.     This Case is also Reported in: 50 DLR (AD) (1998) 108. ..

Category: Criminal Law | Date: | Hits: 130

Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)

.... the same.  In the result the appeal is dismissed without any order as to costs.  Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17  ...... affect the chances of election of the election petitioner respondent No. 2 in spite of objection by him. Though his nomination paper was rejected by the Returning Officer on the grounds of his being loan defaulter of Sonali Bank and tax defaulter of Shaplapur Union Parishad the same was illegally a..

Category: Election Law | Date: | Hits: 109

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......r further argument on 9-5-1994. One day prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The learned Judge of Artha Rin Adalat allowed the application of the respo..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......es and that the plaintiff used to look after them residing in the house of defendant No. 1 and that the plaintiff wanted to construct a pucca building on the suit land and for that she wanted to take loan from the House Building Finance Corporation and that defendant No. 1 assured her of getting loa..

Category: Civil Law | Date: | Hits: 162

Enamul Haque Vs. The State, 2006, 35 CLC (AD)

....arted towards Sylhet and on reaching Sunanaganj Road, the informant found that Lalu, Lal, Ashiqur Rahman, Bazlul Haque, Enamul Haque and Shaheb Miah armed with Pistol, Dagger and Knife restrained the car and accused Lai Miah after delivering knife blow to the informant's brother Shuheb snatched away......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no considera­tion and accordingly it is dismissed.  Ed. ..

Category: Criminal Law | Date: | Hits: 81

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

.... Companies Act, 1913 and is also the owner of two Fishing Trawlers at Chittagong engaged in the business of catching shrimps in the deep sea, processes them in the trawlers and pack them in the inner carton and master carton for keeping them in the deep freeze for export and thereby he has been expo......ith reference to the relevant pro­visions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs.  Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 130

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......the defendants wrongly prepared the record of rights in their names. The defendant Nos. 1, 2, 4 and 5 contested the suit by filing a joint written statement contending, inter alia, that Amir Ali took loan when he was on his death bed from Mojibur Rahman, predecessor of the defendants and agreed to m..

Category: Property Law | Date: | Hits: 57