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Nazir Hossain (Md.) Vs. Zubaed Md. Adel and others, 2007, 36 CLC (HCD)

....i bhoge' started from 3-00/4-00 PM and about 1500 people took their meal. He denied the sugges­tion that there was quarrel in between deceased, the brother of the informant, along with others over realisation of money for the 'kangali bhoge'. He did not see that, after the occurrence, anyone fro...... 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

Mosammat Momina Begum Vs. Additional District Judge and Bankruptcy Court, Dhaka and others, 2007, 36 CLC (HCD)

....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)

....d, as such, the same above the 6th floor is set aside. In the result, the appeals are allowed in part without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 28. ......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

Arab Bangladesh Bank Limited, Motijheel Branch, Dhaka Vs. The Artha Rin Adalat and others, 2007, 36 CLC (HCD)

....discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 284.   ......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

State Vs. Md. Abdul Gofur, 2006, 35 CLC (HCD)

....t his younger sister Rikta Begum @ Shilpi was married with the accused Gofur before about 2 years from the date of occur­rence and since after her marriage, she was subjected physical torture for realisation of dowry. According to his testimony, at one stage of assault at night, the victim went ......general Cell of other under trial prisoners. Send down the L.C.Rs. along with a copy of the judgment to the Court below at Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 665. ..

Category: Criminal Law | Date: 19 Oct, 2006 | 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

Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....yment of the remaining amount of fine due to him. It is further stated that the aforesaid order of the Court dated 4-3-2001 clearly overrides the contention that section 69 of the Penal Code bars the realisation of the remaining half of the fine as the Court seems to take into account the provision ......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accor­dance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..

Category: Criminal Law | Date: 25 May, 2006 | Hits: 43

Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)

.... their lives, if necessary. The real modern form of representative government was given by the French Revolution in 1789 which recognized the sovereignty of the people- the ordinary people. With this realisation and recognition, came the concept of rule by consent. In short, it envisages that all po......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..

Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

.... and its Mohakali Branch insti­tuted Title Suit No.79/89 in the Artha Rin Adalat No.1, Dhaka impleading one Momtaz Begum and her husband Mohammad Salim as sole defendants praying for a decree for realisation of Tk. 11,33,946.60 as on 31.03.89 with 20% interest and obtained a preliminary decree ......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

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

Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9.     ......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)

....background of the discussions made hereinabove we find merit in the appeal.  18. Accordingly, the appeal is allowed.  There is no order as to costs.  Ed.  ......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

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

.... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ......y by virtue of permanent lease granted by the government on 10-9-1969 that he entered into a contract on 10-9-1969. In terms of the agreement the plaintiff will set apart Taka 16,000 for repayment of loan taken from the House Building Finance Corporation and pay Taka 59,000 i.e. the remaining amount..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Abdul Halim Gazi and others Vs. Afzal Hossain & ors., 2005, 34 CLC (AD)

....made above we find substance in these appeals. In the result both the appeals are allowed without any order as to costs. The impugned judgment and order complained of are set aside. Ed. ......etitioner along with 3 others contest­ed the election for the post of Chairman of Jhalakathi Pourashava held on 09.05.2004. It has further been stated that respondent No.7 (appellant) is a Bank loan defaulter but con­cealing the fact, he participated in the said election in violation of ..

Category: Election Law | Date: 15 Mar, 2005 | Hits: 168

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ......ounts of the company maintained with the Al-Arafa Bank by the appellant Nos. 2 and 3 was also taken (Annexures 12 and 13 of the affidavit-in-opposition); under the principles of Islamic banking, bank loan or credit facilities are not given directly to a borrower but are disbursed directly to the sup..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)

....e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ...... extinguished 40/43 years ago during their life time and the defendants acquired, title and possession in the suit land. The further case of the defendants is that the original owner Saku Sarder took loan of Taka 71 on 12th Ashar, 1336 BS and another sum of Taka 92 in 1337 BS from Tayebuddin Biswas,..

Category: Property Law | Date: 13 Dec, 2004 | Hits: 21

Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)

....: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, money suit filed against the accused petitioner was for realisation of money and not for offence and both civil and criminal cases can run together, and the......p;.....(6) One person may have to bear civil as well as criminal liability for the same occurrence As  because there is no way out but to file money suit for the purpose of recovery of loan the transaction of extending loan gives rise to civil liability but that does not create any ba..

Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1

Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)

....ods and asked to pay Taka 35,00,000 with interest at the rate of 10% within six months. As the convicted persons failed to deposit the fine with interest within time the Deputy Commissioner asked for realisation of fine by attachment of the moveable and immovable properties of said convicted persons......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..

Category: Others | Date: 15 Aug, 2004 | Hits: 3

¬Bank of Credit and Commerce International (Overseas) Ltd Vs. Bangthai Electrical Industries Ltd. and others, 2004, 33 CLC (HCD)

....ee against him. The bank must adduce independent evidence in corroboration thereof. Documentation is one of the most important parts of the lending operation of a bank. In case of need the realisation of bank dues depends to a large extent upon the precision and completeness of the docume......istered limited company and defendant Nos.2 to 4 were its directors. Of them, defendant No.2 was the Managing Director. Defendant Nos.4 and 5 mortgaged schedule ‘Kha’ property against the loan taken by defendant No.1, and also along with defendant Nos.2 and 3 executed bank guarantees. ..

Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4