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Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)

....ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ......ule was obtained by the judgment-debtor upon making an application under section 115 of the Code of Civil Procedure against order No.91 dated.13-09-86 passed by the executing Court, Subordinate Judge and Commercial Court No.1 at Dhaka in Money Execution Case No. 76 of 1985. 2. It appears from......ting Court at once. The order of stay granted earlier by this Court at the time of issuance of the Rule is hereby re-called and vacated. Ed. This Case is also Reported in: 53 DLR (2001) 78. ..

Category: Civil Law | Date: | Hits: 82

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ......ported in: 53 DLR (2001) 63. ......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....t be forced upon his master.” Following the decision, the Supreme Court in Eastern Mercantile Bank Vs. M Shamsuddin, 21 DLR (SC) 365 set aside the decree obtained by an employee of a private bank against his termination from service and dismissed the suit being of the view: “The de...... Ed. This Case is also Reported in: 53 DLR (2000) 48. ......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..

Category: Administrative Law | Date: | Hits: 165

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....nt No. 4 the landlord further issued a letter dated 27-7-1997 (Annexure.2) to the petitioner No. 2 stating that he is not paying the rent and the cheques given by him were dishonored by the concerned bank. It was further informed to the petitioner No. 2 that he has constructed unauthorised shed in h...... ......ful and proper. In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners. Ed. This Case is also Reported in: 53 DLR (2001) 35. ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

.... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ...... (2001) 29. ...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ..

Category: Property Law | Date: | Hits: 61

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ...... Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Ismail alias Haji Md. Ismail………………..Petitioner Vs. The State and another……... Respondents Judgment February 3, 2010. Lawyers Involved: ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ..

Category: Criminal Law | Date: | Hits: 34

Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)

....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and others......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ..

Category: Business or Commercial Law | Date: | Hits: 186

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e Branch vide their letter No.BBAIGAD-1/14930 dated 30.11.2008 wrote to the Returning Officer, Tangail stating that the respondent No.1 Md. Abul Kashem took different type of loans from the aforesaid bank and the outstanding loan stood at Tk.15, 44, 32,437.31 till 30.11.2008 and he did not pay any a......l) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J BK Das J Md. Abul Kashem……...........Petitioner Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents Judgment July 26, 2009. Lawyers Involved: Rafique-ul Huq......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......il) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Shahin Mia…………….….......Petitioner Vs Parul Begum wife of Ibrahim and others…………….....Respondents Order December 17, 2009. Lawyers Invo...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..

Category: Property Law | Date: | Hits: 43

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

.....16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin Adalat Ain, 2003. The respondent-bank filed Artha Rin Suit No. 16 of 1992 in the Artha Rin Adalat, 3rd Court, Rajshahi, for realizati...... Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Provat Kumar Das..............Petitioner Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents Judgment April 26, 2009. Lawyers Involved: ......with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ..

Category: Civil Law | Date: | Hits: 121

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

....her presence. However, her liability is not dependent on her status as the Chairman or shareholder of the company unless it is found on evidence that she executed the charge documents in favor of the bank or mortgaged her property in its favor in order to ensure repayment of the loan. Only in that c...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....awful authority and of no legal effect. 5. The High Court Division in making the Rule absolute observed that the suit land as detailed in the record of right has been described as 'Pukur par' (bank of the pond) and hence the suit land are not forest or waste land and that the record of right ......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..

Category: Property Law | Date: | Hits: 21

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... Kong and Shanghai Banking  Corporation Limited amounting to Tk. 14,85,00,442/- with an annual interest at the rate of 15%. The Company failed to repay the outstanding loan amount to respondent No.3 bank. Therefore, the bank, as plaintiff, filed Artha Rin Suit No. 94 of 2007 before the Artha Rin Ad......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and oth­ers ..........Responde...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

....ngonj in Civil Revision No.37 of 2006, who by judgment and order dated 23rd January, 2006 reversed that of the Artha Rin Adalat, Narayangonj in Miscellaneous Case No. 23 of 2005. 2. The Rupali bank Limited instituted Artha Rin Mortgage Suit No. 69 of 2003 in the Court of the Artha Rin Adalat,...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others................... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..

Category: Property Law | Date: | Hits: 28

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

....irection that the respondents are to pay monthly installments of TK. 50,000/- with interest at the rate of 13% to adjust the decreetal dues; Bangladesh Bank, by Circular dated 7.10.1991, directed the banking institutions to exempt interest upto 75% of interest on the fulfillment of conditions laid d......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers………..Respondents M/S. Beauty Engineers Corporation and others…………........ order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

....000 shares which is less than 25% of the total shares of the respondent No.7 com­pany, the respondent Nos.1 and 2 has shown the petitioner as defaulter borrower which may lead to the cancellation of banking facilities as being enjoyed by the petitioner and therefore, the petitioner was compelled to...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....that under small  industrial loan BISIC on 18.05.1994 by sanction letter No.94/04 the defendant received Tk.3,92,500/- and the defendant petitioner adjusted the loan of Tk.72,303/- but the plaintiff bank fraudu­lently  created over draft loan (OD) of Tk. 1,65,546/- and when it was detected the pl...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another……………….Respondents Judg......sion committed no illegali­ty in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ..

Category: Others | Date: | Hits: 84

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....n who for the purpose of fulfill­ing a contract with the owner of any commercial establishment or industri­al establishment employs workers, a unit of a joint-stock company, an insurance company, a banking compa­ny or a bank, a broker's office or stock exchange, a club, a hotel or a restau­rant ......llate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Bangladesh Water Development and others.........Appellants Vs. The Chairman, Divisional Labour Court, Khulna and another…......it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201...

Category: Labour and Industrial Law | Date: | Hits: 110