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M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

....the respondent No. 2 instituted Mortgage Suit No. 11 of 1996 against the respondent No. 3 (defendant) for realizing Tk. 21,34,822.87. The Trial Court decreed the suit. Thereafter the decree holder bank instituted Decree Execution case No. 1 of 1998 for executing the decree for an amount of Tk. ......min J Amirul Kabir Chowdhury J M/s. Karnaphuli Traders…………………Petitioner Vs. Joint District Judge, First Artha Rin Adalat and others……. Respondents Judgment March 09, 2006. Lawyers Invo......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..

Category: Banking Law | Date: | Hits: 90

Azad Shahnewaz Vs. Artha Rin Adalat, Dinajpur and others, 2005, 34 CLC (AD)

....f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ......in J M.M. Ruhul Amin J Md. Tafazzul Islam J Azad Shahnewaz……………………Petitioner Vs. Artha Rin Adalat, Dinajpur and others …………....Respondents Judgment October 20, 2005. ......f the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 77. ..

Category: Civil Law | Date: | Hits: 73

Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)

.... short, is that the petitioner challenged the order No. 9 dated 25.7.2005 passed in Artha Rin Execution Case No. 132 of 2005 by the Artha Rin Adalat No.1, Chittagong allow­ing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publication of ...... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………........ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ..

Category: Civil Law | Date: | Hits: 102

Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)

....onstruction of Bangladesh Bank, Rangpur Centre, Rangpur. According to the terms and conditions of the tender the 1st party deposited due earnest money and furnished performance bond in the form of bank guarantee. The contract contained conditions that the 1st party will execute the work within 4...... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ..

Category: Business or Commercial Law | Date: | Hits: 129

Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)

....ndents and perused the judgment of the High Court   Division and other connected papers on record. 4. The High Court Division held that as per agreement of the complainant with the bank, the customer is barred to keep money in the locker and the customer is entitled to keep docum......Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 487 of 2006. (From the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 56......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ..

Category: Criminal Law | Date: | Hits: 49

Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)

....ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Hassan Ameen J Brick Linker's Limited and another …………………Petitioners Vs. T......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..

Category: Others | Date: | Hits: 92

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..

Category: Administrative Law | Date: | Hits: 180

Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)

....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......  MM Ruhul Amin J      Md Tafazzul Islam J  Uttara Bank Ltd.............................Petitioners Vs. Subordinate Judge and others......Respondents Judgment         &nb......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ..

Category: Civil Law | Date: | Hits: 80

ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)

....issued and served upon the petitioner, while she was in jail, requiring to submit the information sought for by the impugned notice relates to the assets acquired by the writ-petitioner including the bank accounts, but such statement could not be prepared with full correctness, without ascertaining ...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………â...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ..

Category: Anti-Corruption Laws | Date: | Hits: 144

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......A.J. Mohammad Ali, Senior Advo­cate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 269 of 2003. (From the judgment and order dated 21.10.2001 passed by the High Court Division in Civil Revision No. 1874 of 1993). ......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..

Category: Tenancy Law | Date: | Hits: 141

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....dent No. 1 AB. Siddiq i.e. defendant No. 2 requested him to allow respondent No. 1 to import fax machine through the aforesaid account of respondent No. 2. It is respondent No. 1 who requested the bank to release the goods on payment of all duties against Murabaha Commercial facility, 30 fax mac...............Respondents Judgment November 4, 2007.   Cases Referred to- Secretary Ministry of Works vs. Hasner Jahan Ahad 6 BLC (AD) 111; Chittagong Engineering and Electric Supply Co Ltd vs. Income Tax Officer 22 DLR (SC) 443; Bangladesh, Ministry of Works vs...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..

Category: Business or Commercial Law | Date: | Hits: 122

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

.... writ petition challenging the proceeding of Money Execution Case No. 48 of 2004 of Artha Rin Adalat No. 3 Dhaka stating that City Bank Limited, the respondent No. 3, hereinafter referred to as the bank, instituted Title Suit No. 71 of 1999 in the Artha Rin Adalat No. 3, Dhaka for realisation of...... Ruhul Amin CJ MM Ruhul Amin J  Md. Tafazzul Islam J Md. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment October 29, 2007.......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..

Category: Civil Law | Date: | Hits: 103

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

.... dated 14.8.2004 filed by the defendant petitioner under section 152 of the Code of Civil Procedure. 2. Brief facts for disposal of this leave petition are that the plaintiff respondent No.2 bank filed the above Artha Rin Case No.14 of 2003 against the defendant No. 2/petitioner for reali......fazzul Islam J Md. Abdul Matin J Dr. S.M. Yunus Ali…………………………..Petitioner Vs. Joint District Judge and Artha Rin Adalat & another……………………&......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..

Category: Civil Law | Date: | Hits: 91

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....fter the plaint being amended seeking relief against dismissed, the suit is maintainable; in the inquiry report the plaintiff was found to be guilty for negligence of duty and though the defendant bank suffered financial loss because of such negligence of duty but charge framed against the plain......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..

Category: Employment/Service Law | Date: | Hits: 84

Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)

....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Asaduzzaman.............................Petitioner Vs. Kazi Abdus Sabur and others.........Respondents Judgment September 24, 2007. Result: The petition is di......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ..

Category: Property Law | Date: | Hits: 31

Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......d: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..

Category: Administrative Law | Date: | Hits: 90

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....rowers. Because of the inclusion of their names in the report of the Credit Information Bureau of Bangladesh Bank the applicants have become disentitled to any loan or financial assistance from any bank or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Co......sp;    Lawyers Involved: Abdullah-Al-Mamun, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners (In both the cases) Rafique-Ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Recor......the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..

Category: Banking Law | Date: | Hits: 103

Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)

...., 1997, that the peti­tioner received notice dated June 5, 1997 containing direction to attend hearing of the appeal on July 10, 1997 and on that day the petitioner was directed to furnish the bank guarantee for Tk. 5,00,000.00 by July 24,1997, that the petitioner received the order for furn...... Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment         ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)

....titioner appeared in that Artha Rin suit and contested the same by filing written statement. The suit was ultimately decreed by the judgment and decree dated 8.6.1995. Thereafter the decree-holder bank put that decree into execution in Money Execution Case No. 283 of 2005. In that execution case......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sk. Mohiuddin………............................Petitioner Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka and others………Respondents Judgment ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..

Category: Civil Law | Date: | Hits: 94