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W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......e Bangladesh Shilpa Bank respondent No. 2 to Mr. Deen Mohammad Rana Respondent No. 1 is illegal, malafide and without jurisdiction and void. 2. The plaint case is, that plaintiff No. 1 took loan from the Bangladesh Shilpa Bank for a sum of Taka 1,22,58,702 during the period from December ..Category: Business or Commercial Law | Date: | Hits: 107
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....cial Bank) on 26.6.70 and on his failure to repay the loan Rupali Bank obtained an ex parte decree on 26.7.72 against Dr. Shamim in Money Suit No. 32 of 1972 from the 3rd Court of Munsif Dhaka for realisation of the loan amount. Rupali Bank started Money Execution Case No. 32 of 1972 against the......o. 145A. Road No. 2 Dhanmondi Residential Area, Police Station—Lalbagh, District— Dhaka standing on 1 bigha of land or there-about, originally belonged to one Dr. S M Shamim, who took a loan from Rupali Bank (the then Muslim Commercial Bank) on 26.6.70 and on his failure to repay the ..Category: Property Law | Date: | Hits: 61
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....; Nurul Islam J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure at the instance of some of the defendants in a suit for realisation of arrear house rents and is directed against the order dated 16th of January, 1967 pas......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
.... also entitled to interest at the rate of 6-1/4 per cent per annum. Lastly, on 7.5.62 the Executive Engineer refused to make the payment on the basis of the award. Hence he filed the above suit for realisation of a total sum of Rs. 49,244/67 paisa with interest and costs. 5. The defendant......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ..Category: Others | Date: | Hits: 98
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ......lpur, Plot No. 311 with the area of 66 acres. Kula Kamini as owner of this plot mortgaged the suit land to defendant No. 1 Abdul Gam Sarkar and the predecessor defendants 2-13. The mortgage was for a loan of Rs. 200.00 and delivery of possession was given to the mortgagee and that subsequently Kula ..Category: Property Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....gment: ATM Afzal CJ.- Plaintiff-respondent-Bank instituted Title Suit No. 40 of 1986 in the Court of Subordinate Judge, Narayangonj for recovery of money and realisation of securities from the defendant-petitioners. Summons were duly served upon the petitio......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....inal hearing has itself realised that the appeal was not maintainable and, therefore, there was no question of granting ad-interim bail. It is to be observed that it would have been much wiser if the realisation had dawned on the High Court Division when the appeal was being admitted for hearing. ......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....s covered by LA case No. 6 of 1948-49 but in the possession of unauthorised persons and not under the control of the public works department be de-requisitioned in favour of the original owners on realisation of compensation money received by them, if any. The said decision cancelled all previou...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
........................... (5) Where the Sangstha takes over the management and administration of an industrial concern under clause (1) or transfers any property in exercise of its powers of sale or realisation under that clause, such taking over or transfer shall not be called in question in or be......ivision. It reads- “14A. That the plaintiff all the time disputed the claim of defendant No. 1 but they willfully did not disclose the actual fact that BTMC has already paid them full amount of loan/dues on account of Rahman Textile Mills Limited. So the auction sale dated 3-3-93 subsequent ac..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ion for quashing summarily under a misconception. For the reasons this appeal is allowed and the impugned proceeding is quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 218. ...... Respondent No. 1 as complainant filed a petition of complaint on 18 April, 1996 alleging, inter alia, that the accused appellant, a Contractor of the Water Development Board at Rangpur, used to take loan from the complainant, that in connection with one of his works, the appellant requested the com..Category: Business or Commercial Law | Date: | Hits: 145
Azizul Hoque (Md) Vs. State, 1999, 28 CLC (AD)
....bmission that the accused-petitioner’s role was that of a bona fide act performed without mens rea. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 216. ......licity in the matter and he has been wrongly implicated. 10. It has been proved that the accused- petitioner obtained from Nurun Nahar Begum Taka 3,093.00 towards satisfaction of the agricultural loan taken by her husband. The accused-petitioner did not deposit the said money. In the view of the..Category: Anti-Corruption Laws | Date: | Hits: 73
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
.... No.260 of 1997 in Artha Rin Adalat No.2, Dhaka under Article 33 of the BSRS Order of 1972 against the respondent for attaching certain properties mentioned in the schedule to the application and for realisation of loan money. On 25-8-95 the appellant published a Notification in the daily Inqilab fo......and encourage and broaden the base of investment in Bangladesh. 3. The respondent is the Managing Director of Al-Helal Rice Mills Limited, which is financed by BSRS. BSRS sanctioned and disbursed loan in favour of the Rice Mills under different terms and conditions of loan agreement. Under the t..Category: Business or Commercial Law | Date: | Hits: 124
Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)
.... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ...... 115 The question of promissory estoppel may not arise in this case but in view of the fact that the project was approved earlier and under that approval respondent no. 1 acted after taking loans from the Government financial institutions and other banks, it now appears that the Governmen..Category: Business or Commercial Law | Date: | Hits: 91
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....ion plaintiff- respondent will, however, satisfy the decree of Money Suit No. 48 of 1994 of the Court of 3rd Commercial Court and Artha Rin Adalat, Chittagong to the extent of Tab 66,39,572.70 upon realisation of the decretal amount from the appellant. The suit is further remanded to the Admiralt......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
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
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
.... Court Division while dismissing the appeal, however, directed the second party-lessee-petitioner to pay interest at the rate of 8% per annum on the decreed amount from the date of the decree till realisation of the same. 2. Mr. Md. Nowab Ali, learned Advocate-on Record appearing for the......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....tioner. Now this petition for leave to appeal from the said order. 2. The petitioner, inter alia, alleged in its writ petition that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 mi......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
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....-75 allegedly made to the then Minister-in-charge of the Ministry of Public Works for releasing the property from the list of abandoned property (Annexure D), the rent receipt (Annexure B) showing realisation of rent by Afaq Ahmed Khan up to January 1973 from one Mr Sarowarul Huq, a copy of the ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
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
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....ittagong and others vs. Ahmed Hossain and others, 48 DLR (AD) 199, held that the imported goods were required to be assessed as per SRO existing at the time of opening of the letter of credit and realisation of customs and other duties as per SRO dated 15-6-89 was illegal. Taka 6,36,032.00 was ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
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