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Ahmad Ullah Vs. Md. Younus and Ors, 2016, 45 CLC (HCD)
....e of issuance of the Rule shall stand vacated. Let a copy of the judgment be sent to the court concerned. Ed. This Case is also Reported in: 68 DLR (HCD) (2015) 228 ......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)
....to give a fresh decision after hearing the parties in accordance with law at the earliest. Communicate at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 148 ......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)
..... Office is directed to send a copy of this judgment to Artha Rin Adalat No.1, Dhaka (respondent No. 1) at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 81 ......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
Shamsun Nahar Begum Shelly Vs. Bangladesh and Others, 2015, 44 CLC (HCD)
....e of this Rule is stand vacated. Communicate a copy of this Judgment and Order to the Court of Settlement concerned at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 30 ......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
....s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......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)
....rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......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
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)
....r of stay granted earlier by this i Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 354 ......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
....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)
.... In the result, the rule is discharged without any order as to costs. Communicate this order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 265. ......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)
....ugned judgment and order of the High Court Division. Accordingly, the appeal is dismissed, without however any order as to costs. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 240 ......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
....se three Income Tax Reference Applications are allowed.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......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
....nswered in negative and in favour of the Assessee-applicant.
However, there shall be no order as to cost.
Md. Emdadul Haque Azad, J: I agree.
Ed.
This Case is also Reported in:
......dit of the authority from grants made by the government, Loans obtained from the government, grants made by the local authorities, Loan raised by the authority from inside Bangladesh, foreign aid and loans obtained with the approval of the government, sale proceed of bonds issued by the authority an..
Category: Fiscal/Taxation Law | Date: 23 Oct, 2014 | Hits: 1
Fidelity Assets and Securities Co. vs. Commissioner of Taxes, 2014, 43 CLC (HCD)
....t, both these Income Tax Reference Applications are allowed. However, there shall be no order as to cost. Md. Emdadul Haque Azad, J: I agree. Ed. This Case is also Reported in: ......ারোপিত এবং আরোপিত সুদ আদায় করা হবে, অতঃপর আসল সমন্বিত হবে। 11. Under the aforesaid provision, the loans by way of lease finance, granted by the Assessee-applicant company to its customers, which bec..Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 0
....the result, the Income Tax Reference Application 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:
......shown in the return of the immediate preceding assessment year and--
(a) does not have any income which is exempted from tax; or
(b) does not have receipt of Gift; or
(c) does not have loan other than from a bank or financial institution; or
(d)sum of accretion of net wealth and ..
Category: Fiscal/Taxation Law | Date: 17 Sep, 2014 | Hits: 2
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