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Md. Sahab Uddin Vs. State and another, 2010, 39 CLC (HCD)
....ult, the rule is discharged. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at office. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 467. ......d a petition of complaint before the Additional Chief Metropolitan Magistrate, Chittagong, under section 138 of the Negotiable Instrument Act, 1881, alleging, amongst others, that in order to repay a loan due to the complainant the accused petitioner issued three cheques, in favour of the complainan..Category: Civil Law | Date: 30 May, 2010 | Hits: 43
Abul Hashem Vs. State, 2010, 39 CLC (HCD)
....d for their internal enmity he may be killed by the enmities of him not by the appellants. In support be drown our attention that the vital materials alamats the wooden door by which the deceased was carried to the hospital was not seized even the investigation officer did not seize the blood stain ...... to the effect তুই একা কেন, তোর ভাই কোথায়? and in reply the deceased disclosed that his brother Abdul Matin, the informant went to Kasba Krishi Bank for taking loan and another brother was not present in the house. The said discussion of them heard by the P.W...Category: Evidence Law | Date: 26 May, 2010 | Hits: 8
Sarwar Hossain Moni Vs. State and another, 2010, 39 CLC (HCD)
....ed to dispose of the case as expeditiously as possible. Let a copy of this order be communicated to the Court concerned immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 510.......nant opposite party No.2 on account of business transaction and that the accused-petitioner issued cheque of the said amount in favour of the complainant opposite party No.2 towards adjustment of the loan amount and the cheque in question was presented in the Bank within the period of its validity a..Category: Banking Law | Date: 6 May, 2010 | Hits: 573
Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......ank Ltd. Elephant Road Branch, Dhaka is the financer of the company. The petitioners in course of their business-opened letter of credits for importing various goods of ready made Garments through loans and continuing their business regularly without any default for a long time. 4. It is f..Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
..... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......the plaintiff was good enough to return the original Bank Guarantee dated 19-11-93 to the defendants. The US Dollars 2,00,000 draft was issued from ANZ Grindlays bank to the plaintiff on the basis of loan from Mr. Abdul Matin Chowdhury of London who happens to be the brother-in-law of the principal ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....র উদ্দেশ্য পূরণকল্পে দেউলিয়া বিষয়ক আদালত বলিয়া অভিহিত হইবে৷” 18. After a close and careful reading to the said provisions it appears that the bankruptcy Court was constituted under s......s Act, 1897 (Act No. X of 1897); section 5 Whether the Bankruptcy Act, 1997 is a retrospective legislation? The purpose of promulgation of the Bankruptcy Act was only for easy disposal of loan cases between financial institution granting loan and the loanee. After promulgation of Bankru..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
Abdul Latif alias Kahinur alias Kahin and other Vs. State, 2009, 38 CLC (HCD)
....usness she went to the house of one Shah Sarder and the accused persons chased her but could not reach her and thereafter she disclosed the incident to Shah Sardar and spent the night at his house on caring the cloths of his wife and on the following morning she went back to her house and disclosed ......he Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to suffer imprisonment for life. 2. The prosecution case in short is that informant Kanchoni Bala in order to recover her loan money from a co-villager went to their house and while returning from there she was surrounded ..Category: Women and Children | Date: 6 Oct, 2009 | Hits: 116
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....idence Act. Expert opinion on any relevant point must be supported by direct evidence. The opinion given by the officers of the Ministry of Works not being supported by any reliable evidence does not carry any value. The trial Court acted serious error of law in automatically believing the oral evid......r the assessment year 2004-2005 to 2006-2007 the same was again shown at Taka 2,30,900. He stated that he has no information that the First and Second floors of Banani house were constructed with the loan of House Building Finance Corporation. He admitted that the description of Banani house was dis..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....rtha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on business at Durgapur Bazar by the plaintiff-Bank by its memo No. R.O. Mymen/442 with a c......e impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Artha Rin Suit No.4 of 1994 2. The plaintiff’s case, in brief, is that O.D loan of Tk.25,000/- was sanctioned in favour of the defendants who was then carrying on business at..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Sirajul Islam (Md) Vs. Tauhid Uddin Ahmed & another, 2009, 38 CLC (HCD)
.... fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within thirty days of the receipt of the said notice. 8. On a careful analysis of section 138 of the Negotiable Instruments Act, it is seen that its main part cre......t the accused petitioner did not repay the money within specified time or before filing of the case; that the alleged cheque is not a security cheque of business transaction which is a cheque against loan money; that the opposite party No.1 categorically described the very arising out of cause of ac..Category: Banking Law | Date: 4 May, 2009 | Hits: 280
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
...., Chittagong on 15-5-2006 against the accused-petitioner under section 138 of the Negotiable Instruments Act, 1881, alleging, inter alia, that the complainant is the Director of Messrs MK Trading and carry on business of general merchant and commission agent, the accused-petitioner is the owner of C......of independence, have taken place which has invested the statutory law like Negotiable Instruments Act with great importance than ever before. Increasing credit facilities and individual borrowing of loan have widened the range of its scope. Now the Courts have been facing intricate problems in this..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ...... being Title Suit No.11 of 2006 alleging inter alia, that the defendant No.1 got the suit land from Rajuk and mortgaged the same with Sonali Bank, Tanbazar Branch, Narayanganj. He wanted to repay the loan money by selling the suit properties and the plaintiff agreed to purchase the same and the valu..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....awarding of Tk. 10,000/- as cost to be paid by the added-respondent No.9 to the petitioners. 2. Facts as placed before the High Court Division, in short, are that petitioner No.1 who started his career on 20.03.1968 as a Lecturer of Chemistry in the Carmichael College and on 16.12.2003 retired ......emo dated 15.03.1986. On their joint application said respondent No.7 vide his letter dated 05.05.1988 also permitted said allottees to mortgage the land to the House Building Finance Corporation for loan. They also got the land mutated in their joint names through Mutation Case No.4893 of 2002 date..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
.... the suit land nor executed the alleged agreement for sale in her favour. The further case is that during the liberation war, defendants left this country for India leaving the suit property in the care of their family cook Sukh Ranzan Chakraborty, and that the suit property was damaged by the Pak......ntiff and her brother were known as his adopted daughter and son, while in the year 1966 defendant No.1 Shayama Kanta Bandapadhya stopped his legal profession due to his physical disability he took loan of Tk. 10,000/- (Ten thousand) from plaintiff and upon taking a further loan of Tk. 7000/- (Sev..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ......iety a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realisation of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ......in the society a class of borrowers or drawers in taking shelter of this principles of law deliberately used to drag the appeal for an indefinite period in order to hang the process of realization of loan money or unpaid cheque's money for an indefinite period in which the payee or the holder of the..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ...... Adalat No. 1, Rajbari (briefly as Adalat), impleading (1) Messrs Mithila Traders, represented by its proprietor Anjira Akhter, (2) Halima Begum and (3) Md. Abu Bakar as defendants for realisation of loan of Taka 4,17,507 along with interest thereon @ 12.50% per annum till realisation of decretal du..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
Ayub Ali alias Mukul Vs. State, 2008, 37 CLC (HCD)
....or inducement. Thus, in absence of such definite allegation it cannot be held that taking of money as loan and subsequent failure or refusal by itself shall constitute criminal offence. 10. On a careful consideration of the allegations as set out in the first information report and charge sheet......d Petitioner Vs. State ……………….......................Opposite Party Judgment August 14, 2008. Result: The Rule is made absolute. At the time of taking loan no promise as to return of money within a specified time was made and no allegation of induceme..Category: Criminal Law | Date: 14 Aug, 2008 | Hits: 28
Category: Women and Children | Date: 14 Aug, 2008 | Hits: 201