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Arifur Rahman alias Bablu Vs. Shantosh Kumar Sadhu and another, 1994, 23 CLC (AD)
.... balance money, but without any success. On October 14, 1992, when the complainant again went to the house of accused along with two witnesses and demanded the money the accused said that when, for realisation of his money, the complainant had come to his house with other people, he would not pa...... against the accused. The High Court Division correctly refused to quash the proceeding. The appeal is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 180 ..Category: Criminal Law | Date: | Hits: 70
Sultana Jute Mills Ltd. and others Vs. Agrani Bank and others, 1994, 23 CLC (AD)
....absolute by judgment and order dated 1.12.93 holding, inter alia, that (a) that the defendants are nota financial institution and therefore incompetent to make a claim before the Artha Rin Adalat for realisation of any dues. They cannot do a thing indirectly which they cannot do directly. The Artha ......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
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....award on 28 May 1985. In this award compensation determined was Taka 37.71 lakh and some odd in addition to the amount already paid. Respondents-land owners filed Execution Case No. 24 of 1986 for realisation of the amount of compensation and in that execution proceedings the appellant appeared ......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Helaluddin Ahmed alias Swapan. Vs. Bangladesh, 1993, 22 CLC (AD)
....Tk. 10,00,000.00 to be realised by confiscation of their movable and immovable properties, in default, to suffer Rigorous Imprisonment for a further period of 3(three) years each or in case of part realisation proportionately. The three accused who were convicted by the Martial Law Court were fo......thout any order as to cost (in CA No. 51/89). The petition for leave to appeal No. 119/91 is also dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 01 ..Category: Constitutional Law | Date: | Hits: 174
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....n 20 September 1990. By his award, the Arbitrator reduced the respondent's claim of Taka 24,51,570.00 to Taka 20,40,712.00 and thereon he allowed interest at the rate of 16%, from 1 July 1984 till realisation of the money. 3. The first party to the Arbitration Proceeding, namely these res......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....ave received interest to this extent. The trial Court, therefore, passed a decree for Taka 1,37, 56,100 and allowed interest thereupon at the rate of 15% from the date of institution of the suit fill realisation. 5. In the first appeal as referred to, the High Court Division concurred with these......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)
.... Order, 1972 (President's Order No. 128 of 1972) against the respondents in the Court of the District 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 exchang...... 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
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ......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
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....tion of the revisional application by the learned Additional District Judge because such a suit is misconceived and thus barred under the law. The learned Counsel further submitted that a suit for realisation of money being subject to specific period of limitation as distinct from a suit for dec......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....Case No. 143 of 1992 against respondent No. 1 and another under Article 33 of Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) hereinafter referred to as the Order for realisation of its outstanding dues amounting to Taka 3,79,72,000 in the Court of the learned Subo......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
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
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... that subsequently, the said company became defunct and the then Government of East Pakistan, filed three certificate cases Nos. 3 of 60-61, 9 of 60-61 and 12 of 60-61 against the said company for realisation of arrear rent by putting the suit property in auction; that the plaintiff-respondent b......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....nt entities. Anyway had this system of local government been worked out over a considerable period on the principle of "gradual development of self‑governing institutions with a view to progressive realisation of responsible government", then probably it would have been successful. But conceived i...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
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
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....mmitted wrong in law in m,, allowing interest on the decretal amount. 35. We do not propose to award any interest to the plaintiff on die decretal sum from the date of the decree upto realisation, because by not granting the same the trial Court shall be deemed to have refused it. ......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....f Rajeshwar. The deed of agreement Ext.1 thus stands rescinded. 4. Defendant No. 2 the Bank, in its written statement contended that the Bank had filed Certificate Case No. 354 (CB) of 1957-58 for realisation of money due from deceased defendant No.1 and without payment of the said dues the appel......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
.... suits, heard and disposed of analogously. 2. The two plaintiff-respondents filed Title Suit No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case th......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
.... Government and the buyers have been given only the possessory right till the final payment, as per deed of agreement for sale, is made, the Government has huge stake in the enterprise in the form of realisation of sales price. The enterprise is the only unit in the country in the drum manufacturing......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
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