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M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)

.... reasons such as shortage of raw materials and disturbance of supply of electricity which became main obstructacle for commercial production on the said industry. On the other hand, the respondent bank started calculating the interest on the basis of compound interest although the loan is a loan......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J M/S. Uttara Steel Corporation Limited and another..............Petitioners Vs. The Learned Judge, Artha Rin Adalat and oth...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ..

Category: Civil Law | Date: | Hits: 89

Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)

.... raised sami pucca structures in the suit plot for establishing a factory therein; since the said amount was not sufficient to set up the industry as planned the respondent No.1 requested the above bank for sanctioning Tk.1,50,00,000/-and when the above request for sanction of further loan was u.................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..

Category: Property Law | Date: | Hits: 27

Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)

....subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate. The plaintiff bank assessed the valuation at TK.10 crore. But it has been sold in auction at TK.7, 75, 50,600.00....... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Korea Bangladesh Food Products Limited ............Petitioner Vs. National Bank Limited and others .............Respondents Judgment February 7, 2008. Lawyers Involved......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..

Category: Business or Commercial Law | Date: | Hits: 82

State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)

....enue.” and the provision of Section 489C of the Penal Code reads as follows: “489C. Whoever has in his possession any forged or counterfeit currency-note or bank-note, knowing or having reason to believe the same to be forged or coun­terfeit and inten......s Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..

Category: Criminal Law | Date: | Hits: 38

Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)

.... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......by A. K. M.  Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No.1003 of 2004.) ...... and does not warrant inter­ference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..

Category: Criminal Law | Date: | Hits: 34

Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)

....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......t: Md. Ruhul Amin CJ  Mohammad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motij......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..

Category: Criminal Law | Date: | Hits: 32

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ed in the suit stated that LTIs of the executants were obtained by the defendant No.1 representing that the said LTIs are being obtained for making application for withdra­wal of money from the bank. Defendant No.1 who deposed as DW 1 admitted that the donors were illiterate and Pardanishine...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..

Category: Property Law | Date: | Hits: 37

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hazera Begum…………………….Appellant Vs. Artha Rin Adalat and others .........Respondents Judgment April 17, 2007. Lawyers Involved: ......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..

Category: Civil Law | Date: | Hits: 111

Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)

....ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......resent: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mirza Saifuddin Hasan.......... Petitioner (In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State...........ty or infirmity in the deci­sion of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..

Category: Criminal Law | Date: | Hits: 43

Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)

....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order of conviction and senĀ­tence dated 25.8.2003 passed by the High Court Division in Criminal......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..

Category: Anti-Corruption Laws | Date: | Hits: 81

Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)

....8.72 transferred their lands in favour of Azazuddin, Nurul Islam and Daliluddin; there is a tank within suit plot No. 713 and non-suit plot No. 712 and the major portion of suit plot No. 713 is the bank of the tank; a hat has been established on Plot Nos. 703, 704, 714, 715, 718 and 722; Rani Bi...... Case is also Reported in: IV ADC (2007) 964. ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..

Category: Property Law | Date: | Hits: 30

Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)

....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. repre­sented by its Managing Director, Gagan Babu Second Road, Khulna. ............w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ..

Category: Civil Law | Date: | Hits: 103

Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)

....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..

Category: Civil Law | Date: | Hits: 96

Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)

....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..

Category: Property Law | Date: | Hits: 31

Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)

..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ......ain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Abu Safa…………………….Petitioner Vs Abdul Momen Chowdhury and others………..Respondents. Judgment April 6, 2006. Lawy....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..

Category: Election Law | Date: | Hits: 124

Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh repre­sented by the S......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..

Category: Employment/Service Law | Date: | Hits: 70

State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)

....ustainable in law and accordingly, he submits that the impugned judgment and order of acquittal is not sustainable in law. 15. In the instant case, it appears that pros­ecution tried to bank upon the alleged dying declaration of the deceased together with evidence of alleged eyewitnes......ul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: ...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ..

Category: Criminal Law | Date: | Hits: 44

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

.... as per import policy of the country at the relevant time. After shipment of the goods the respondent received the invoice, bills of lading and other relevant shipping documents from the L.C. opening bank after endorsement. That after arrival of the goods at Chittagong port the writ-petitioner submi......28, 8 LG (AD) (2011) 28. ...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..

Category: Business or Commercial Law | Date: | Hits: 139

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....t's claim to retain possession as mortgagee is not legally sustainable since the mortgage as claimed by the appellant is an equitable mortgage. The admitted position is that at one time the bank, as claimed by it, went into possession of the property in ques­tion, of which it was not ......ate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the  Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). ......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ..

Category: Property Law | Date: | Hits: 36

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). ......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..

Category: Property Law | Date: | Hits: 33