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Additional Deputy Commissioner (Revenue) and Assistant Custodian, Vested and Non-Resident Property Vs. Tohidul Hossain Chowdhury and others, 1998, 27 CLC (AD)

....f auction- purchaser - respondent in Mortgage Execution Case No. 5 of 1992 and staying Mortgage Execution Case No. 5 of 192 till disposal of Other Suit No. 68 of 1992. 2. The decree-holder Rupali Bank obtained Mortgage decree on 2-5-85 in Mortgage Suit No. 21 of 1985 in the court of Subordinate ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case. Both the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 116. ..

Category: Property Law | Date: | Hits: 85

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....1 Somed was being chased by accused Siraj, son of Matbar Ali, Alfaz and Hamid on the District Board Road. Somed came running to the Bichra. In the meantime, the other accused with deceased Abu and Bank being armed with deadly weapons like guns, dao, ballam, halanga etc. encircled the Bichra. Acc......t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ..

Category: Criminal Law | Date: | Hits: 80

Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)

....t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144.......uivalent to Taka 2,060 million) and Taka 6 lac in local currency was sanctioned to the respondent-company. The respondent, it is alleged, despite repeated requests and reminders did not liquidate the dues/overdue amounting to Taka 25,567 million. 4. The respondent instituted Money Suit No.5 of 1..

Category: Business or Commercial Law | Date: | Hits: 124

SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)

....by the Admiralty Court of the High Court Division in Admiralty Suit No.112 of 1998 ordering that the vessel MV You Bang may be released from the order of arrest if the defendant-respondents furnish a Bank Guarantee of Taka 1 crore to the satisfaction of the Admiralty Court against the claim of the p......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 235

Chairman, Board of Investment and others Vs. Bay Trawling Limited and others, 1999, 28 CLC (AD)

....eeting of the Investment Board of the Department of Industries held on 3-1-78. The project is 100% export oriented one. After the approval of the project by the Investment Board, Bangladesh Shilpa Bank sanctioned a long term loan to acquire 8 Deep Sea fishing Trawlers in two phases by responden...... interfere with the Judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 79. ..

Category: Business or Commercial Law | Date: | Hits: 91

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

....ed judgment of the High Court Division. 2. The prosecution case is that, the accused petitioners in collusion with each other managed to obtain loan amounting to Taka 18,600.00 from Sonali Bank, Nalchity Branch in the name of five dead persons. Accused Abdul Wahed Khan, Krishi Clerk of S...... show that they are old. There is no illegality in the impugned judgment. These two petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 65. ..

Category: Criminal Law | Date: | Hits: 67

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

.... 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 holding that the dues of the respondent Bank was in serious dispute. The respondent, in the meantime, instituted Miscellaneous Case No. 260......ted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 holding that the dues of the respondent Bank was in serious dispute. The respondent, in the meantime, instituted Mis..

Category: Business or Commercial Law | Date: | Hits: 106

Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)

.... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ...... constructed on the said plot between 1978 to 1980. The respondents have always been- in possession of the said plot and building through tenants or in, person and they have been paying Government dues, municipal taxes etc. upto 1992. The respondents decided to sell the property and applied to t..

Category: Property Law | Date: | Hits: 56

Abdur Rouf and others Vs. Jalaluddin and another, 1999, 28 CLC (AD)

....es and found that the four accused petitioners were implicated by them. It appears that the investigating officer went to Chittagong in order to record the statement of five officers of the Sonali Bank, KC Dey Road, Chittagong to record the statement of alibi at the instance of the accused- pet......rected by the learned Judges of the High Court Division suffers from no illegality. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 22. ..

Category: Criminal Law | Date: | Hits: 66

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

.... provisions of section 4 to 25……..(8)  Cases referred to- Md. Abdus Sukkur vs. Chairman, National Board Revenue and others, 17 BLD (AD) 43; Bangladesh Bank vs. Mohammad Abdul Mannan, 46 DLR (AD) 1, Government of Bangladesh vs. Md. Abdul Karim, 47 DL......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..

Category: Administrative Law | Date: | Hits: 121

Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

.... Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Yaqub Mohammad and another ………………...Petitioner Vs. Bangladesh Bank and others ……….Respondents Judgment August 10, 1999. Result: The petition is......t Division. We have heard the learned Counsel for the petitioners at length. It appears that the High Court Division has correctly held that the petitioners/company did not pay the entire outstanding dues of Pubali Bank within the specified time and that the impugned letter of the Bangladesh Bank co..

Category: Banking Law | Date: | Hits: 191

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....ithin ten years from the date of mortgage. The plaintiff received Taka 1100.00 in cash and remaining Taka 400.00 was lying with Abdul Gafur Mridha for clearing dues of the Agricultural Development Bank, After the death of Abdul Gafur Mridha the plaintiff requested the defendants to deliver posse......ccessors would reconvey the property within ten years from the date of mortgage. The plaintiff received Taka 1100.00 in cash and remaining Taka 400.00 was lying with Abdul Gafur Mridha for clearing dues of the Agricultural Development Bank, After the death of Abdul Gafur Mridha the plaintiff requ..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....…………… Respondents Judgment March 15, 2000. The Companies Act, 1994 (XVIII of 1994), Section 91(1) (b) Articles of Association of IFIC Bank, Article 114 The power of the Board of Directors in Article 114 to recommend does not mea......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ..

Category: Business or Commercial Law | Date: | Hits: 107

Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)

.... A M Mahmudur Rahman J Abdus Sattar and others………………….Petitioner Vs. International Finance Investment and Commerce Bank Ltd………….Respondent Judgment: December 7, 1999. ......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..

Category: Business or Commercial Law | Date: | Hits: 115

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....sp;                               Islami Bank Bangladesh Limited………………….Appellant Vs. ...... been made and power to file an application under Order 9 rule 13 of the Code of Civil Procedure and prefer appeal before the High Court Division have been given subject to deposit of the decretal dues. Under sub-section (1) of section 5 of the Artha Rin Adalat Ain, Artha Rin Adalat is deemed to..

Category: Business or Commercial Law | Date: | Hits: 104

Abdur Rahim Chowdhury Vs. Bangladesh Bank and others, 2000, 29 CLC (AD)

....an CJ Bimalendu Bikash Roy Choudhury J Kazi Ebadul Hoque J Abdur Rahim Chowdhury………………..Appellant Vs. Bangladesh Bank and others ……………….Respondents Judgment ......gment and order requires no interference by this Court. The appeal is dismissed with cost to the respondents. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 71. ..

Category: Business or Commercial Law | Date: | Hits: 116

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ..

Category: Criminal Law | Date: | Hits: 61

Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)

....sp;                              Vs. Bangladesh Bank, represented by Governor and others…………….. Respondents ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..

Category: Administrative Law | Date: | Hits: 159

Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)

....t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ......R Case. 4. On 28-2-85 respondent No. 2 instituted Money Suit No. 8 of 1985 in the First Court of Subordinate Judge, Dhaka against the petitioner claiming Taka 35, 59,102.40 being his dues Out of the said Air Conditioning work. The petitioner also filed a Money Suit against responde..

Category: Criminal Law | Date: | Hits: 93