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Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....B. Hossain, Advocate on Record-For the Respondent No.1. Mainul Hossain, Advocate with Md. Joynal Abedin, Advocate, instructed by S. M. Huq, Advocate-on-Record-For the Added Respondent No. 4. Ex-parte—Respondents Nos.2 and 3. Civil Appeal No. 56 of 1977. (From the Judgment and Order da......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
....eeds, pawn or pledge (No 6). Bottomry Bond (No.10). Mortgage of a Crop. (No.41), Respondentia Bond (No. 56), or Security Bond (No.57)— (a) When possession of the property or any part of the property comprised in such deed is given by the mortgagor or agreed to be given; ......The question for consideration in this appeal is whether the mortgage deed submitted by the respondent for registration falls under Article 40 (b) or Article (c) of the Stamp Act for the purpose of payment of stamp duty. The respondent G.M.G. Corporation Limited while enjoying cash credit facility...... are being offered by way of collateral/auxiliary security against the cash credit facility of Tk. 90,00,000/-. It is not the case that the security is being offered against the specified amount of loan of Tk. 90,00,000/ but it is by way of security against the cash credit facility having the limi..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....howdhury, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant. B.C. Panday, Advocate-on-Record, Supreme Court (absent) - For the Respondent No.1. Ex-parte - Respondent Nos. 2 and 3. Civil Appeal No. 50 of 1982. (From the Judgment and order da......pre-emption was filed. It appears that the learned Judges have given unnecessary importance to the fact that the vendor, Abdul Bari Khan, had got back his land by filing a suit on the ground of non-payment of consideration which was found by them to be a collusive one between him and the transfe......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....le, 1759 Judicial Review of Administrative Action, 4th Edition 584; Groenvelt Vs. Burwell, 1700 1 Ld. Raym 454; R Vs. Herefordshire Magistrate Court ex p Rowlands, 1998 QB 110; R Vs. Wandsworth JJ ex parte Read, 1942 1KB 281; Leech Vs. Deputy Governor of Parkhurst Prison, 1988 AC 533; R Vs. Reading ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....o.33 of 1996 before the Artha Rin Adalat No.1, Chittagong for realisation of loan amounting to Taka 4,21,466/- (four lac twenty-one thousand four hundred sixty-six) only. The said suit was decreed ex parte against the petitioner and the decree holder-bank put the decree in execution by filing Mortga...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......C. account. 2. Facts relevant for disposal of the Rule are that Rupali Bank Ltd. As plaintiff instituted Mortgage Suit No.33 of 1996 before the Artha Rin Adalat No.1, Chittagong for realisation of loan amounting to Taka 4,21,466/- (four lac twenty-one thousand four hundred sixty-six) only. The sa..Category: Civil Law | Date: | Hits: 129
....of 1976).
K. A. Bakr, Attorney-General, with A.W. Bhuiyan, Assistant Attorney-General, instructed by M. R. Khan, Advocate-on-Record-For the Respondent No.4 (In Civil Appeal No. 36 of 1976).
Ex-parte-Respondents Nos. 5-8 (In Civil Appeal No. 36 of 1976).
K. A. Bakr, Attorney-General, with A......Provided further that no such sale or transfer of industrial enterprises, share or interest shall be made except after making an offer on like terms and conditions to the person entitled to receive payment of compensation under Article 9 in respect of such enterprise, share or interest and such ......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)
....nce of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenanc......n the prescribed manner in the case of tenancies of the class specified in clause (a): Provided that a tenant shall not be liable to ejectment on the ground specified in clause (iii) except on payment of such reasonable compensation on account of the cost of removal of any structure erected o......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..Category: Property Law | Date: | Hits: 103
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ...... out of order No.2 dated 14.02.2000 passed in Title Suit No.32 of 2000 by the learned Joint District Judge, Court No.1, Dhaka restraining defendant Nos.1-4 (respondent Nos.3-4 herein) from making the payment to the corresponding Bank under letters of credit being Nos.BBA/01/99/565/DP and BBA/01/99/5......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....Rahman are the petitioners before this Court. 3. The petitioners as plaintiffs instituted SCC Suit No.9 of 1986 before the SCC Judge (Assistant Judge), Sadar Dinajpur for ejectment of the opposite party Bidhan Kumar Dev as a tenant from the premises mentioned in the schedule of the plaint. 4. ......he vital issues against the plaintiffs. 7. Mr. MA Wahab Miah learned Counsel appearing for the petitioners submits that since the defendant opposite party recognised the plaintiffs as landlords by payment of rent (Ext. 5 series) and by depositing rent before the Rent Controller in Miscellaneous C......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
.... instructed by A. Rab-II, Advocate-on-Record - For the Appellant. Mahmudul Islam, Advocate, instructed by Syed Sakhawat Ali, Advocated-on-Record - For the Respondent No.1. Respondents 2-11 - Ex-parte. Civil Appeal No. 103 of 1978. (From the Judgment and Order dated 28.4.77 passed by the......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323.......al is allowed without any order as to costs. The judgment of the High Court is set aside and that of the Court of appeal below restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 323...Category: Property Law | Date: | Hits: 60
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....peal may be stated as under: 2. The plaintiff-respondent filed a suit for declaration of his title and recovery of khas possession on eviction of the defendants-appellants in the alternative for partition of schedule-2 lands on declaration of their title to 28 acres of land on strength of the r......o Moizuddin, the father of the contesting defendants for a consideration of Tk. 9,000/- and on 6.4.68 Sonaullah executed a deed of agreement in favour of Moizuddin on receipt of Tk. 5,000/- as part payment. The defendants were inducted by him into the possession of schedule 1 land. The deed of agr......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...Category: Property Law | Date: | Hits: 79
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....der section 55 of the Value Added Tax in case of any paid VAT by business entity the VAT authority shall have to serve show cause notice upon business entity within three years after the VAT has been partially paid or unpaid but in the instant case respondent is claiming VAT since beginning of 200...... the result, the Rule is discharged without any order as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. The petitioner is hereby directed to make outstanding payment within 2 (two) weeks from the date of receipt of this judgment and order failing which the r......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at liberty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 20-11-2002 passed by the Additional......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ......judgment and decree of trial Court are restored and thereby, the suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 85. ..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....iminal Miscellaneous Case No. 560 of 2006. Judgment Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additi......in Criminal Revision No. 13 of 2005 affirming those passed by the trial Court is hereby upheld. Send down the lower Courts records. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 80. ...... described in the petition of complaint). As the second party was trying to dispossess him from the case land there was apprehension of breach of peace. It was further stated the first party obtained loan from Public Bank Ltd, Tetibazar Branch, Chittagong mortgaging the case land. 3. The Chief Me..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....axation of dividends or any tax in the nature of an undistributed profit tax on undistributed profits of the company, whether or not those dividends or undistributed profits represent, in whole or in part, profits or income so derived; Provided that nothing contained in this paragraph shall affe......rom the super tax in respect of the dividend declared out of its profits, its ratio would exceed by more than 10% of the rate payable by the Companies which made arrangement for the declaration and payment of dividends. 3. The Commissioner of Income Tax, the appellant, moved the Appellate Tribu......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dismissed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....offences under the Public Safety Ordinance and that there will be no bar to the prosecution of the appellants under the Act as contemplated under section 36 of the Act will have force. The relevant part of section 36 of the Act reads as under: 36. Repeals and Savings.- (1) The Security Act, 195......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....scribed in schedule-'Ka' to the application. 4. The pre-emptor's case was that he was a co-sharer by inheritance of the case holding while the purchaser was a stranger to that. That the opposite party No.2 sold the case land to the opposite party No.1 pre-emptee at a consideration of Tk.5,000/-......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ..Category: Property Law | Date: | Hits: 93
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
....judgment and decree dated 31.10.1996 passed in Title Suit No.19 of 1992 of the Court of Additional Assistant Judge, 1st Court, Gazipur. 2. The respondent Nos.1 to 25 herein, as plaintiffs, filed a partition suit in the 1st Court of Munsif, Gazipur in the year 1976 against the present defendant-pe...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377....... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....the suit land. That the suit land has been rightly and legally leased out to different persons by the government. 4. The trial court, on consideration of the evidence adduced by all the contesting parties, and the facts and circumstances dismissed that Other Class Suit No.113 of 1995 by the judgm...... argued that this observation of the High Court Division is palpably wrong inasmuch as these petitioners claimed title in the suit land by virtue of adverse possession and as such the question of payment of rent did not arise at all; that the appellate court below correctly held that these petit......Court in accordance with Rules. The parties are directed to maintain status-quo in respect of the suit land till disposal of the appeals. Ed. This Case is also Reported in: 9 ADC (2012) 372...Category: Property Law | Date: | Hits: 68
....n Ali J.- This petition for leave to appeal is directed against the judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No. 6790 of 2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/75......use 53(2) of the Bangladesh Sugar and Food Industries Corporation Service Regulations, 1989, by which the authority is empowered to terminate any of its officials by 3(three) months' notice or upon payment of 3(three) months' salary without assigning any reason whatsoever. It was further mention...... judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005 be stayed till disposal of the appeal.
Ed.
This Case is also Reported in: 9 ADC (2012) 368...
Category: Employment/Service Law | Date: | Hits: 180
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