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Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....a J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……......and 07-01-2004. Therefore, notice was published again in two national dailies inviting tenders for sale of the mortgaged property in auction which was held on 03-01-2003 for realization for decreetal dues of Tk.11, 84,400. In the auction, three bidders participated and the petitioner being the highe..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Government of Bangladesh and oth­ers Vs. Md. Badal and another, 2012, 41 CLC (AD)

....e above, we find merits in the appeals. Accordingly, the appeals are allowed. There will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 246. ......s­toms duties and other taxes as they were entitled to bring 10 kgs gold each as per the Baggage Rules, as amended on 8-6-2002. The customs ille­gally demanded customs duties more than the actual dues required to be paid for releasing the gold. As the petitioners disagreed to fulfill the illeg..

Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20

Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)

..... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..

Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9

Md. Mazakat Ali Harun and Others Vs. Export Import Bank of Bangladesh Limited and Others, 2012, 41 CLC (AD)

....Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Mazakat Ali Harun and Others……………………….Petitioners Vs. Export Import Bank of Bangladesh Limited and Others……….Respondent Judgment April 9...... in respect of the 'agenda to elect the Directors' of the Board of Directors of the Bank Company. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 115, 18 BLC (AD) (2013) 68. ..

Category: Company Law | Date: 9 Apr, 2012 | Hits: 223

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....ued by the accused-petitioner in favour of the complainant-company as security to ensure payment of monthly installments. Subsequently, for non-payment of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.2007 for insufficiency of fund in the account o......an amount, 6(six) post-dated cheques were issued by the accused-petitioner in favour of the complainant-company as security to ensure payment of monthly installments. Subsequently, for non-payment of dues, when the cheques were presented to the Bank for encashment, those were dishonoured on 04.10.20..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....hereinafter stated as the Company) is a private limited garments manufacturing company. In course of its business the Company obtained some loan for running facto­ry from respondent No.9 i.e. Sonali Bank Limited, Dilkusha Corporate Branch, Dilkusha, Dhaka (in short, the Bank) but the Company could ...... Company and others as defendants of the suit. The suit was decreed in preliminary form on 12-9-2001 and final decree was drawn up on 13.4.2003. The Judgment-debtors having failed to pay the decretal dues, the Bank filed Title Execution Case No.160 of 2003 and the execution case was disposed of by i..

Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....tement made in the plaint that plaintiffs bought this suit land thereafter, they mutated the suit schedule land in their name and constructed a chemical industry with financial assistance from Janata Bank Limited and they owned and possessed the suit land for the last 30 years. On 15.01.2009 he went......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Anti-Corruption Commi­ssion Vs. Unipay 2U Bangladesh Ltd., 2010, 39 CLC (HCD)

....plication and allowed the prayer of the opposite Party No.1 and directed the concerned bank to allow the opposite Party No.1 to withdraw Taka 3,00,00,000 per month from account No.1401150659001, City Bank Limited. 6. Being aggrieved by and dissatisfied with the aforesaid order the complainant-A......Sessions Judge by his order dated 14-6-2011 allowed the prayer of the petitioner (now the opposite party No.1) and per­mitted to withdraw Taka 3,00,00,000 (three crore) per month for repaying the dues of the clients of the opposite party No.1 and to meet their day to day expenditure against whic..

Category: Anti-Corruption Laws | Date: 22 Mar, 2012 | Hits: 138

Industrial Promotion and Development of Bangladesh Limited (IPDC) and another Vs. Mrs. Mohsina Rahman and others, 2012, 41 CLC (AD)

....lities of Tk.20.00 crore including Tk.9.00 crore which had already been dis­bursed in favour of the writ respondent No.9, who agreed to mortgage some prop­erties in favour of Shahjalal Islami Bank Limited and on 17th August,2005 by a let­ter the writ respondent No.7 agreed to consider th......r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing. Ed. This Case is also Reported in: 9 ADC (2012) 865. ..

Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7

Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)

....actory buil­ding and imported machineries from abroad to the tune of Taka 16,00,000, appointed emplo­yees, workers and thereafter, he produced spices to the tune of Taka 1 crore and repay the Bank loan and continued in business but defen­dant BSIC although received entire payment but did...... No.1022 (F) of 2005 is accordingly discharged. Send down the lower court records. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 12.  ..

Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10

Shahidur Rahman Khadem Vs. State and others, 2012, 41 CLC (AD)

.... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ...... appeal below. These petitions are disposed of with the above observa­tions and reduction of the sentences of fine as above. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 103. ..

Category: Criminal Law | Date: 12 Mar, 2012 | Hits: 122

Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)

....ebruary, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor for the loan obtained by his father in Loan Case No.318 of 1998 from Sonali Bank Limited, Patgati Branch, Tungipara, Gopalgonj, but his father died in the same year without pay......n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ..

Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208

M/s. Sadharan Bima Corporation Vs. United Fish Exports Limited and others, 2012, 41 CLC (AD)

....as a private limited company incorporated on 31st December, 1987 and had been carry­ing on fish processing and exporting busi­ness since 1988 at huge expenses with the financial help of M/S. Janata Bank. That the plaintiff insured their plaint and factory machineries as well as stock of frozen fis......t that there is no merit in these Civil Petitions for leave to appeal and in the circumstances both the civil petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 563. ..

Category: Business or Commercial Law | Date: 26 Feb, 2012 | Hits: 616

Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)

...., Ministry of Law and others............Respondents Judgment  February 23, 2012. Result: The Rule is discharged. Cases Referred to- Haji MA Razzaque Vs. Bangladesh Bank and another, writ petition No.9231 of 2010. Lawyers Involved: ATM Mizanur Rahman, Adv......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162.   ..

Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7

Sonali Bank Vs. Habib Medical Store and Others, 2012, 41 CLC (HCD)

....CD) (2016) 73     ......nder total disability in the matter of operating its business as well as the Bank accounts for no fault for its own, it can legitimately ask for not granting any interest on the aforesaid outstanding dues for this period. It has been seen that the Bank also did not take any steps for clarifying its ..

Category: Banking Law | Date: 14 Feb, 2012 | Hits: 0

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....ons and information about disqualification of the appellant on two counts, namely default in paying bank loan and telephone bills. The first source was a letter dated 30.11.2008 issued by the Sonali Bank Limited, Bango Bhandhu Avenue, Corporate Branch, Dhaka(Respondent No.7) under memo No.BBA/GAD-1....... Therefore, “Master Circular-Loan Classification and Provisioning” cannot be brushed aside. 25. From the statements made in Writ Petition No.491 of 2007, it appears that there were outstanding dues but it was claimed that the dues were regularized and the Sonali Bank’s Corporate Branch issu..

Category: Election Law | Date: 14 Feb, 2012 | Hits: 262

Abdur Razzak Vs. State, 2012, 41 CLC (HCD)

....r Fazlul Hoque Pathan on 3-3-1987 lodged the FIR alleging that one Utpal Chowdhury fraudulently deposited, as security, some fake gold pieces measuring 13 tola 15 Anna with the Ramna Branch of Sonali Bank, Dhaka and obtained a loan of Taka 18,000. Later on the impu­rity of the gold was detected ......dgment and Order to the learned Divisional Special Judge, Dhaka and another copy to the Chairman of Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 192. ..

Category: Anti-Corruption Laws | Date: 2 Feb, 2012 | Hits: 134

Mosharref Hossain Vs. Governor, Bangladesh Bank and others, 2012, 41 CLC (AD)

....ed Mahmud Hossain J Mr Muhammad Imman Ali J Md. Shamsul Huda J Mosharref Hossain………………………………………………………Petitioner Vs. The Governor, Bangladesh Bank and others…………………………………………Respondents Judgment January 2......ense. In view of the above discussions, we do not find any merit in the review petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 263. ..

Category: Banking Law | Date: 26 Jan, 2012 | Hits: 148

Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)

....as agreed to develop the same by constructing a G+5 storied building having with moderns amenities by spending his own money or with the help of advance money taken from buyers or by taking loan from Bank or Financial Institution. The developer shall sell flats to buyers after keeping 50% flats for ......thus received shall be of the Developers only. 10. That the Developer would have the option to reallocate/cancel Flats of payment defaulters and offer choice to buyers willing and having cleared dues. " And this deed was again followed by another deed dated 16-8-2004 under the style "SUPPL..

Category: Property Law | Date: 22 Jan, 2012 | Hits: 87

Warid Telecom International Ltd Vs. Commissioner of Customs and others, 2012, 41 CLC (HCD)

.... the appellant paid customs duty Taka 78,20,555.25 under HS Code No.8471.80.00 and excess duty for the dif­ference of the duty between the HS Code No.8471.80.00 and HS Code No. 8517.80.00 through Bank Guarantee No.LG/DHK/BAF/0035/2006 dated 19-10-2006 for Taka 4,92,35,353.00, which was duly acce......and Order. In the result, the appeal is allowed with aforesaid direction. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 188.   ..

Category: Fiscal/Taxation Law, Information Technology Law | Date: 18 Jan, 2012 | Hits: 8