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Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
....on by defendant-petitioners is from the order passed in FAT No. 83 of 1999 summarily rejecting the Memorandum of Appeal. 2. The plaintiff-respondent bank filed Title Suit No. 32 of 1994 for realisation of Taka 16,74,548.01 with interest @ 20% per annum from the petitioners. The suit was d......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....igher privileges because of the sedentary nature of their work the BCS. (Secretariat) Cadre is also entitled to the same consideration because the nature of’ their work is also sedentary. The basic realisation that the members of the judicial service perform the judicial functions of the Republic ......ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ..Category: Constitutional Law | Date: | Hits: 829
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....95 and restoring the suit to its original file and number. 8. Appellant Islami Bank Bangladesh Ltd. filed Title Suit No. 46 of 1994 in the Artha Rin Adalat, Khulna against respondents for realisation of money by selling the mortgaged property. The suit was being contested by the defenda......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
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....Order No. 1074 of 1994. 2. Against the petitioner Money Suit No. 9 of 1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh and some odd. The suit was decreed ex parte on 30 August 1993...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ..Category: Civil Law | Date: | Hits: 120
Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
.... there is nothing in law precluding a criminal case on account of a civil suit pending against the petitioners on the same facts. The criminal case stands for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. Thi......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
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....ion concurred with the appellate court that the plaintiffs needed the relief of cancellation of the document, but held that the appellate Court was wrong in sending the case on remand for the sake of realisation of the ad valorem court fee and thereby provide an opportunity to the defendant to fill ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....erpretation of 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 a......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)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......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)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......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
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....e is a public cause involving public wrong or public injury, any member of the public or an organisation, whether being a sufferer himself/itself or not may become a person aggrieved if it is for the realisation of any of the objectives and purposes of the Constitution. In this connection our attent......ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ..Category: Constitutional Law | Date: | Hits: 450
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
...., section 10, taking evidence and determination of the amount claimed under the said Act. Thus reading both the statutes it is palpably clear that the findings given by the learned Judges that the realisation of the amount could not be resorted to under the Act to recover Bank’s claim with......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
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....llowed in Executive Engineer Vs. Mohammad Ali & others 41 DLR (AD) 64. 24. In the first place, the observation of the Supreme Court of Pakistan has been made in a suit, inter alia, for realisation of salary, etc. and it is headged by certain conditions, namely, that a person cannot b......against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ..Category: Administrative Law | Date: | Hits: 125
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....thorities may, after all, human as they are, levy excess customs-duties or charges “through inadvertence, error or misconstruction” and there is a clear provision for refund of excess realisation if the claim for refund is made within a stated period of time. But there may be cases......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
.... Khulna passed in Money suit No. 3 of 1992 which decreed the plaintiff’s suit in full for Taka 2,35,17,569.00 with interest at the rate of 5% above bank rate on monthly rest till realisation to the extent that the suit was decreed without costs for Taka 1,29,34,662.40 with inte......azar Khulna established in 1986 and the appellant has been engaged in processing, storing and exporting shrimps and prawns to foreign countries. For carrying on the business, the appellant obtained loans from respondent bank against pledge and hypothecation of shrimps and prawns kept in the cold ..Category: Business or Commercial Law | Date: | Hits: 148
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
.... respondent No. 1 has evil design to grab the property of the complainant by fraudulent means. 10. From the judgment it appears that the learned judges of the High Court Division found as regards realisation of Taka 2,38,000.00 from the complainant as legal charge (which is admitted) as follows:......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ..Category: Others | Date: | Hits: 105
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
.... issued a notice on 2-12-1996 demanding immediate payment of the dues with 20% interest but defendants paid no heed to the demand of the plaintiff. So the plaintiff was compelled to file the suit for realisation of the amount mentioned hereinbefore. 3. Defendant No.6, the local agent of......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
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)
....in Adalat. 3. The facts to narrate, in brief, are that, the plaintiff-Islami Bank Bangladesh Limited filed Money Suit No. 60 of 1991 in Artha Rin Adalat No. 3 of Dhaka against the petitioners for realisation of a sum of Taka 26,03,073,92 paisa. The said suit on transfer to Artha Rin Adalat No. 4......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
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