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.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
...... the suit plot from the time of his predecessor Jafar Ahmed for public use. The defendants have no right title and interest and also possession in any manner in the suit land. The plaintiff took loan from Agrani Bank, Agrabad Hotel Branch by mortgaging the "Ka" Schedule land. The de&s..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....estion. The learned Advocate in support of his submission relied on the decisions reported in 15 BLT (AD) 267, 1981 BLD (AD) 450 = 34 DLR (AD) 29, 44 DLR (AD) 260 and 15 BLT 343. 22. We have carefully gone through the said decisions to the best of our ability but we find that the principle......ondent No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (hereinafter referred to as "the Adalat") (respondent No.1) for recovery of loan amounting to Taka 46,26,59,843 impleading the petitioner as defendant No.7. The defendants d..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Mrs. Shahida Khatun and another Vs. Zafrul Hasan and State, 2008, 37 CLC (HCD)
..... 19. Office is directed to send down the record of the case with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 463. ......61A of the Code of Criminal Procedure was filed on the averments, inter alia, that the facts disclosed in the petition of complaint is of civil nature and the accused already paid the whole amount of loan money to the Premier Bank, for which no offence under sections 406, 420 of the Penal Code, is c..Category: Procedural Law | Date: 18 May, 2008 | Hits: 41
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......CPC for return of the plaint on the ground that the Artha Rin Adalat has no jurisdiction to entertain the suit inasmuch as the subject matter of the suit is not concerned with the realisation of loan as defined in section 2 (kha) of the Artha Rin Adalat Ain, 1990 hereinafter referred 'the Ai..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......uit No.59 of 1989. Subsequently, renumbered as 40 of 2004 now pending before the Artha Rin Adalat, Natore. 4. Short facts of the case of the plaintiff-respondent No.4 is that petitioner obtained loan against sanction letter dated 18-11-1984. Loan was sanctioned on long term basis for Taka 49,00..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Abul Hasnat Nurul Kabir Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
.... not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 275. ...... amount of Tk. 10,00,000/- repayable within six months. Towards the repayment of his three installments, cheques were handed over to the company well in advance. The petitioner did not repay the loan amount pursuant to the terms of reference of the contract. The cheques given in advance having ..Category: Criminal Law, Procedural Law | Date: 12 Mar, 2008 | Hits: 5
Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)
....that since settlement conference was allowed by the Adalat under section 21 of the Ain, 2003. The provisions of section 47 should have been applied by the Adalat to the present suit. 18. We have carefully examined the decision dated 28-3-2006 passed in Writ Petition No. 2526 of 2006. It appears......d suit by applying the provisions of section 47 of the Artha Rin Adalat Ain, 2003. 2. The averments made by the petitioner in the writ petition, in brief, are as under: The petitioner obtained a loan of Taka 7, 50,000 on 12-9-1989 from Sonali Bank (hereinafter called 'the Bank') in orde..Category: Banking Law, Civil Law | Date: 8 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....ain fatal flaws. Thus, it appears that the decree-holder has not identified in Column 9 of the Form either the Defendant No.5/Opposite Party No.5 as a person against whom execution is sought or taken care to specify therein the particulars of the properties of the Opposite Party No.5 as are now soug......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)
....r before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 64. ......1. 2. The facts relevant for disposal of this rule, in short, are that the respondent No.1, Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and orde..Category: Civil Law | Date: 11 Sep, 2007 | Hits: 6
Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)
....outed to the assailants "go go" and gave way to the accused persons to flee away. 3. After lodging of first information report, police came to the place of occurrence and seized one empty gun cartridge in presence of witnesses, and also seized one NPB pistol, two magazines, each contained...... accounting of such money. He denied the suggestion that there were several creditors and they demanded their money from the deceased. He denied the suggestion that his brother used to take money/loan for his business and there was several cases for his misdeeds. This witness further stated th..Category: Criminal Law | Date: 5 Sep, 2007 | Hits: 8
....ny order as to costs. The order of stay granted at the time of issuance of the rule stands vacated.
Communicate the order at once.
Ed.
This Case is also Reported in: 14 MLR (HCD) (2009) 29.
......14 of 1999 in the Bankruptcy Court, Dhaka against the petitioner and 5others impleading her as defendant No.7 in that suit for declaration that the defendants are defaulters to the plaintiff bank for loan outstanding amounting to Tk.2,31,06,370.48 and are severally and jointly liable to be declared ..
Category: Banking Law | Date: 9 Aug, 2007 | Hits: 565
Chairman, Rajdhani Unnayan Kartripakkha (RAJUK) Vs. A Rouf Chowdhury and others, 2007, 36 CLC (AD)
....rdingly, rejected. 4. Mr Rafique-ul-Huq, learned Counsel, appearing for the respondents, at very outset of hearing of the matter, has submitted that in view of the order Nos. 1 and 2 issued by the caretaker Government dated 11-1-2007 and 13-1-2007, these appeals involving enforcement of fundament......ct. On getting the sanction, the writ-petitioners started construction as per sanctioned plan. As the construction involved huge money, the writ petitioners mortgaged the said land to a bank and took loan. Out of 22 floors 16 floors with the foundation for the sanctioned 22-storied building was comp..Category: Property Law | Date: 2 Aug, 2007 | Hits: 114
State Vs. Yeasin Khan Palash, 2007, 36 CLC (HCD)
.... wife namely Salma Begum and Monwara Begum rushed there when victim Mizan told them accused Kala Palash fired at him and also requested them to save his life. At that point of time they saw a private car while P.W.3 Hanif, P.W.4 Raju and P.W.5 Kala requested to the driver of that private car to brin...... the Code of Criminal Procedure is rejected. Let a copy of the judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 469. ..Category: Criminal Law | Date: 3 Jun, 2007 | Hits: 20
....to auction sale in a subsequent execution case for execution of another decree, no matter whether the same is mortgaged to the bank in the subsequent suit. It was the duty of the bank to be more careful at the time of bringing the property in the first execution case, so that the decretal dues,......126 of 2000 has made the decree in the other two suits in executable. The respondent bank in Writ Petition No.5961 of 2004 submits that unless the certificate of title is issued in favour of the loanee bank the bank will be unable to realise the decretal amount. Thus, the order of issuance of t..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......e claim at Tk. 1,35,29,425.00. But ultimately the insurance company settled the claim by paying Tk. 1,11,56,510.00 out of the total claim of Tk. 2,00,00,000.00. The settled amount was credited in the loan account of the petitioner company maintained with the Janata Bank as the goods were hypothecate..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
....at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......ting canals and that if an order of injunction is passed that will cause serious damage to the project, since the canal going to be excavated is being financed by foreign aid giving agency and that a loan of Taka 600 millions had been sanctioned for the implementation of the Teesta Barrage Proj..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
Shafiuddin Vs. Samir Bhuiyan and others, 2005, 34 CLC (HCD)
....he Rule is hereby recalled and vacated. Election petition is dismissed. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 553. ......hafiuddin was one of the directors of Messrs Bright Textile Industries (Pvt) Limited holding 33% of the shares, in short, the Industries. Shafiuddin, as a director of the Industries, obtained project loan of Taka 4,16,00,000, Cash Credit (pledge) loan of Taka 1,00,00,000 and Cash Credit (Hypothecati..Category: Civil Law, Election Law | Date: 13 Jul, 2005 | Hits: 7
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....ys of first information report by husband subsequently registered as first information report dubbing husband as perpetrator of crime. This case, also, presents a paradigm how a murder event could be carried to wrong side and son-in-law of a family, husband of deceased lady, could be sacrificed at a......set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....helming importance of the point". In the same judgment also quoted another decision of the same Court in the case reported in (1978) 1 SCC 405 which runs as under:— "23. Democaracy is government by the People. It is a continual Participative operation, not a cataclysmi......ually and collectively in fulfilling the commitment to the People. g. Description of assets and liability of the candidate and dependant of the candidates. h. Particulars and amount of loan taken from Bank and Financial Institutions dealing with Public money personally, Jointly or by ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....om encumbrances". 8. Leave was granted to consider the contentions that the enlistment of the property in the, list of abandoned buildings and publication of the same in the Gazette carries with it a presumption that the property is an abandoned property and vests in the Government......09;10‑1979 transferred the property by a registered deed to the respondent No. 1, that the respondent No. 1obtained permission from the DIT (now RAJUK) for making construction and also obtained loan from the House Building Finance Corporation, that the respondent No. 1 is in possession of the ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
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