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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
...., causing great prejudice and financial hardship and mental agony to the complainant opposite-party, which is very much apparent. The complainant opposite-party might be deprived from timely medicare to repair his/her home to pay rent personal or other liabilities to ensure treatment of family&......AD) 162, 49 DLR (AD) 132, a Bench of this Division has held that, "A close reading of sub-section (1) of section 138 of the Act shows that it has nothing to do with the recovery of the loan amount......The Criminal case stands for the offence, while the civil suit is for realization o..Category: Banking Law | Date: 29 Feb, 2016 | Hits: 23
Abdul Hamid Chowdhury (Iqbal) and Others Vs. Artha Rin Adalat and Others, 2015, 44 CLC (HCD)
.... said order the Adalat observed:— "Previously defendant took several times for submission of written objection." This assertion is absolutely wrong as it has been detected on our careful perusal of the entire order sheet (Annexure-"E") filed by the petitioner vide supp......iled Artha Rin Case No.3/2013 before the Artha Rin Adalat and Joint District Judge, 2nd Court, Sylhet for recovery of Taka 65,16,608 (Sixty five lac sixteen thousand six hundred eight) against the CC loan of Taka 50,00,000 (fifty lac) earlier granted to the petitioners on 5-7-2010 stating inter alia..Category: Banking Law | Date: 5 Nov, 2015 | Hits: 3
Turfatur Ain Chowdhury Vs. Artha Rin Adalat Dhaka and Others, 2015, 44 CLC (HCD)
....uit, but as per the relevant provision of the Mahomedan Law, the petitioner will be eligible to inherit the property of her deceased father only after paying off all the debts, necessary expenses for carrying out the funeral service & other rituals, payments towards offsetting the service charge......er on its own motion or upon application of either party for effective and complete adjudication of all questions involved in the case………….(21 & 22) Adjusting the loan-money from the assets and properties of the principal-debtor (the Company)—The Bank as pe..Category: Constitutional Law, Procedural Law | Date: 25 Aug, 2015 | Hits: 4
....were coming from Rawjan to Chittagong town, reached Khagrachory, Rangamati corner of 3 roads (teen rasthar mor) and on the showing of the accused the Army persons present there surrounded the private car of Sheikh Mozaffor Ahmed and brought down him and his son Sheikh Alamgir from the car and took t......onviction and sentences in respect of charge Nos. 2, 3, 4, 5, 6, 8, 17 and 18 are hereby maintained.
Ed.
This Case is also Reported in: 67 DLR (AD) (2015) 295
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Category: International Crimes Tribunal Law | Date: 29 Jul, 2015 | Hits: 38
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....that the property in question was leased out by the Government to one S.G. Mustafa for 99 years by a lease deed dated 4-9-1963. During the war of independence said SG Mustafa left the case property uncared for and taking such advantage the present Petitioner entered into possession and created some ......ed of lease being No.8753 dated 5-9-1963 and after getting allotment of the said property the lessee S.G. Mustafa had been possessing the same and constructed a two-storied building thereon obtaining loan from House Building Finance Corporation ("HBFC") by mortgaging the said property as s..Category: Abandoned Properties Law | Date: 8 Jul, 2015 | Hits: 5
....to transmit the case record of Case No. 125 of 1996 (ka-4) regarding the House No. 13/A/A of 1st Coloney, Mirpur, Dhaka and accordingly, the record has been transmitted to this Court.
8. We have carefully examined the record of the Court of Settlement, and found that the writ petitioners examin......im Personal Law and he also obtained a succession certificate on 14.04.1979 in Succession Certificate Case No. 241 of 1979 from the 3rd Court of Subordinate Judge, Dhaka for the purpose of recovering loan money left by Syed Abdus Sattar from one Md. Nazrul Islam amounting to Tk. 925.00 (Annexure-B1 ..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
....7. We have heard the learned counsel appearing on behalf of the respondent No.2 bank and considered his submission and also perused the petition, impugned auction notice and other materials on record carefully. To appreciate the submission pressed in to service by the counsel for the respondent it w......he petitioner and four others created a limited company for exporting and importing their readymade garments namely Finix Sweater and started their business, thereafter, to run the business they took loan and opened back to back L/C with respondent No.2, the Social Islami Bank Ltd., Principal Branch..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....t about 6 PM that is in the early part of the evening, there must have been some witness of who saw Sanjay forcefully drag Malati to his house. It is practically not easy for a man to single handedly carry a fully grown girl, gagging her mouth, crossing a number of houses. So the story itself does n......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......s to this Court may seem fit and proper. 2. Facts relevant for disposal of this Rule, in brief, are that the Respondent No.2 as plaintiff instituted Artha Rin Suit No.188 of 2011 for recovery of loan amounting to Taka 26, 58, 57,855.48 in the Artha Rin Adalat, 2nd Court, Dhaka against the Petit..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Asek Elahi Vs. Jalal Ahmedand others, 2012, 41 CLC (AD)
....nha, J and Md. Abdul Wahhab Miah, J I agree with the reasoning and findings given by my learned brother, Md. Abdul Wahhab Miah, J. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 5. ......e Transfer of the Property Act which means: "The transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecun..Category: Property Law | Date: 14 Mar, 2015 | Hits: 45
Aminul Karim (Md.) Vs. Government of Bangladesh and others, 2015, 44 CLC (HCD)
....e should be discharged outright. 8. We have heard the learned counsel for the respondent-bank and considered his submissions. We have also gone through the petition and other materials on record carefully. At the very outset we would like to clear that though this writ petition appeared in......n of money. Both can stand together.......(12) Recovery of Loan Amount— A close reading of sub-section 1 of section 138 of the Act, shows that it has noting to do with the recovery of loan amount. The whole scheme of the law is to haul up the drawer of the unpaid/dishonoured cheque(s..Category: Banking Law, Procedural Law | Date: 9 Mar, 2015 | Hits: 0
Mosharaf Hossain (Md.) Vs. Bangladesh and others, 2015, 44 CLC (HCD)
.... The Adalat below is directed to proceed with the execution of the decree in accordance with law. Communicate this at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 199 ......ole, District-Jessore-(respondent No.3), as plaintiff, filed Artha Rin Suit No.31 of 2006 before the First Court of Artha Rin Adalat, Jessore against the petitioner and others for realization of loan of Taka 1, 24, 84,730. The defendants having not contested, the said suit was decreed ex-p..Category: Administrative Law, Others | Date: 17 Feb, 2015 | Hits: 4
....e as perquisites. But although the implication of the said question No. 2 also included the disallowances of the house rent allowance, medical allowance, conveyance allowance, house maintenance cost, car allowance and LFA allowance together with the contribution to provident fund, yet the same items......9. Accordingly the application praying for review is allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
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Category: Fiscal/Taxation Law | Date: 14 Dec, 2014 | Hits: 0
....oth on facts and law, upon evidences adduced by the parties.
Send down the copy of the judgment to the court below at once.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 218
......;sent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to the transactions subsequent to the variance".
In the instant case, whether the loan taken in 2003 has been merged in the renewed and enhanced loan taken in 2009-2010, the guarante..
Category: Constitutional Law, Contract Law | Date: 11 Dec, 2014 | Hits: 8
Sonali Bank Limited Vs. UT Garments Limited and others, 2014, 43 CLC (HCD)
....orners of law itself and if law is interpret which may not have any ascent of Artha Rin Adalat Ain, and even by imagination, the interpretation goes beyond intention of this law, that will be discarded. So, in applying this law, particularly in its nature, financial institution, Bank be ca......i.e. principal debtor, third party mortgagor and third party guarantor. No other person can be impleaded i.e. the sharers of a company cannot be made party. It may be directors are involve in getting loan and even company may be a fictitious entry, then also as per provisions of Artha Rin Adalat Ain..Category: Banking Law | Date: 4 Dec, 2014 | Hits: 4
Shariful Alam (Babu) (Md.) Vs. State and another, 2014, 43 CLC (HCD)
....sfaction of the trial Court till conclusion of the trial. Let a copy of this order be sent to the Court concerned with LCR. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 182 ...... against the present convict petitioner in the Court of Chief Metropolitan Magistrate, Dhaka alleging inter-alia that the complainant is an established businessman of his locality. The accused took a loan of Tk. 35, 00,000 (Taka Thirty Five Lakhs) only from him on different dates with the assurance ..Category: Criminal Law | Date: 2 Dec, 2014 | Hits: 9
.... Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984.
Md. Habibul Gani, J: I agree.
This Case is also Reported in:
......he circumstances of the case, the Taxes Appellate Tribunal was right in upholding the disallowance of the applicant’s claim on account of foreign exchange rate fluctuations on long term foreign loan when the genuineness of the claim has not been doubted?
The Income Tax Ordinance, 1984 (Or..
Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 1
Youngone (CEPZ) Limited Vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....me Court of Bangladesh, is directed to take necessary steps under section 161(2) of the Income Tax Ordinance, 1984. Md. Habibul Gani J: I agree. This Case is also Reported in: ......he circumstances of the case, the Taxes Appellate Tribunal was right in upholding the disallowance of the applicant’s claim on account of foreign exchange rate fluctuations on long term foreign loan when the genuineness of the claim has not been doubted? 6. The respondent-Commissioner of ..Category: Fiscal/Taxation Law | Date: 30 Nov, 2014 | Hits: 17
Molina Rani and others Vs. Gopal Goyala and another, 2014, 43 CLC (AD)
....t and order of the High Court Division and other connected papers on record. 15. We note from the impugned judgment that the High Court Division elaborately dealt with the evidence on record and carefully scrutinised the judgments of the courts below. We also note from the materials on rec......iff was a tenant of defendant No.1 and having had good faith on him he without reading and understanding the contents of bainanama put his signature therein. Earlier the husband of the plaintiff took loan of an amount of Taka 30,000 but he did not repay the same and denied to pay the rent to the def..Category: Civil Law, Evidence Law | Date: 20 Nov, 2014 | Hits: 6
....ubject.
2. It is observed that a considerable amount of Off-balance sheet exposure is being converted into funded facilities and part of it becomes overdue and classified which needs to be taken care of.
3. In view of the above, banks are advised to maintain 1% general provision against Of......rcumstances of the case, the Tribunal under section 159(2)/29(1) (xxvii) of the Income Tax Ordinance 1984 was justified in maintaining the CT(A)’s confirmation of disallowances of provision for loans and advances (specific and general) of Tk. 33,75,99,369 and Tk. 13,10,15,535 respectively.
..
Category: Fiscal/Taxation Law | Date: 10 Nov, 2014 | Hits: 3
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