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Md. Iqbal alias Salim Vs. The State, 1988, 17 CLC (AD)
.... The State…………………………..Respondent Judgment August, 1988. Criminal Appeal No. 7 of 1988 The Code of Criminal Procedure, 1898 (V of 1898), section 426 Condition of payment of fine for bail Order for payment of the fine as a condition for the bail is not supporta......ill continue on the bail and realisation of the fine will remain stayed till disposal of his appeal before the High Court Division. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 279 ..Category: Criminal Law | Date: | Hits: 56
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
.... learned Munsif upon a consideration of oral and documentary evidence on record found title with the plaintiffs, relationship of landlord and tenant between the plaintiffs and defendant, default in payment of rent from March 1970 to May 1973 and further requirement of the suit premises by the plai......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Alauddin Sarder and another Vs. Surendra Nath Falia and Ors, 1988, 17 CLC (AD)
....ppears from the following order sheet, Ext. Al(2): "15.4.59: Certificate under section 4 signed. Register and issue notice under section 7 returnable by 21.9.59. 11.2.60: S.R. received. No payment made and no objection filed. Issue notice under section 46 fixing 5.4.60. 17.4.61: Noti......ult, the appeal is allowed with costs and the judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 257 ..Category: Property Law | Date: | Hits: 35
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
....1986 setting aside an order of the Executing Court, namely the Subordinate Judge, who had directed the appointment of an Advocate Commissioner to ascertain the value of a part of her building for payment of compensation to her by the decree-holders who were given a decree for khas possession ove......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Charandwip Bhumihin Krishi SamabayaSamity Ltd. Vs. DC, Cox's Bazar & ors, 1988, 17 CLC (AD)
....cation it was stated that the Nazir of the Upazila Nirbahi Officer delivered possession of the said five fisheries to respondent No. 5 which had been in possession and enjoyment of the Fisheries on payment of stipulated rent and that the appellant was not in possession of the same. Further, it was......easons stated above, the appeal is dismissed. There will, however, be no order as to costs. The contempt petition is also dismissed. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 213 ..Category: Property Law | Date: | Hits: 45
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
....tted that the plaintiffs purchased some lands of plot No.58 from different persons who took pattan from Deldoar Estate and the rest of the land of the said plot was taken settlement of by them on payment of rent. Plaintiffs also purchased out of plot Nos.626, 646 and 651 from different perso......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....n suit in execution of the decree. But on an application filed by the defendant-respondent under Order IX, rule 13, Civil P.C., the decree was set aside and the suit was restored to file subject to payment of Tk. 500/- as adjournment cost to the plaintiff. He challenged this order by a revisional ......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Bangladesh Vs. M/s. Zeenath Textile Mills Limited and others, 1988, 17 CLC (AD)
....ugh the British Rule extending upto the enactment of the State Acquisition and Tenancy Act ceased to exist. In section 22 of the Act express provisions are made subjecting all lands to assessment and payment of rent. Only because there is no term in the agreement for payment of rent the claim of exe...... power. 14. The appeal is allowed and the judgments of the Courts below are set aside. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 189 ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Afzal & others, 1988, 17 CLC (AD)
....second ground, namely, that the corporation failed to undertake the improvement of water supply and the Court found why the corporation and the Government was locked in dispute over guarantee for repayment of loan for which the corporation was not in position to raise a loan. The Municipaly needed......y declared the impugned order as illegal. In the result, therefore, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 154. ..Category: Election Law | Date: | Hits: 118
Government of Bangladesh Vs. Mirza Shahab Ispahani, 1988, 17 CLC (AD)
....ession "person who is not present in Bangladesh," nor it is the case that his whereabouts are not known, nor can it be said he has ceased to occupy, supervise or manage in person his property because payment of rates and taxes in the years 1971-72, 1972-73, and 1973-74 are amply proved to justify hi......Chowdhury J. Order of the Court. By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 116. ..Category: Immigration and Citizenship Law | Date: | Hits: 214
M/s. A. Haque and Co. & another Vs. Al-Haj Zakir Hossain, 1988, 17 CLC (AD)
....ent Judgment January 18, 1984. The Premises Rent Control Ordinance, 1963 (XX of 1963), section 18(5) No implied contract either can be said to have been created simply by the fact of payment and acceptance of rents for several months at a time. Such irregular payment did not also co...... defendant- appellants who paid the same by one pay order. Plaintiff respondent granted receipts for the same. Similarly, plaintiff- respondent collected rents from May, 1972 to December, 1972 by one cheque dated 4.12.72. Plaintiff-respondent received the rent of April, 1973 by Cheque No.505173 date..Category: Tenancy Law | Date: | Hits: 112
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....on. Briefly slated, defendant-appellant who is a temporary monthly tenant in the suit premises at a rental of Tk. 1750/= was liable to ejectment as he became a habitual defaulter, going in arrears in payment of rent from March 1973 to August 1973. Respondent required the suit premises for its own us......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
....r, the offer of respondent No. 4 was at Tk. 2, 38, crores. The offer of M/s. Joinal & Sons was the highest at Tk. 2.41.05 crores but it stood out of consideration as it was conditional on delayed payment. The offer of respondent No. 4 was therefore held to be the highest. Thereafter the appellan...... the appeal is dismissed, without, however, any order as to costs. Stay granted by this Court on 2-7-87 is vacated.
Ed.
This Case is also Reported in: 40 DLR (AD) (1988) 62; 8 BLD 1999 (AD) 29.
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Category: Business or Commercial Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
.... 182, as it stood on the promulgation on the 6th of September, 1965, was to the following effect; "182. Collection of debt of enemy firms and custody of property.-(1) With a view to preventing the payment of money to an enemy firm, and preserving enemy property in contemplation of arrangement to ......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Mostafa Hossain Vs. Sikder Md. Faruque and another, 1988, 17 CLC (AD)
....ground for denying this extraordinary remedy……………….(12) (ii) The Local Government (Upazilla Parishad and Upazilla Administration) Ordinance, 1982 (LIX of 1982), Section 6 A bill for payment of money is certainly a pecuniary interest of the claimant. Had the bill been scrutinized pa....... In the result, the appeal is dismissed. In view of the circumstances of the case, no order as to costs is made. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 10, BLD 1988 (AD) 170. ..Category: Election Law | Date: | Hits: 132
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....ff-respondent brought S.C.C. Suit No. 23 of 1977 before the Subordinate Judge, 2nd Court, and S.C.C. Judge, Sylhet for eviction of the defendant appellant on the ground of default and irregularity in payment of rent. Plaintiff’s case was that the defendant was a tenant in the suit premises since 1......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....ould give the year of his purchase; that he could not say when he went into possession of the suit land; that he admitted that he had no bank balance and cash money and he had no paper to show the payment of Rs. 4,000/-to the defendants except the agreement to sell; that he also admitted that th......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....raudulently into a compromise petition. As to the consideration of Tk. 5,000/- it was noticed that though the consideration was not mentioned in the solenama itself but evidence was given as to the payment and the discrepancy with respect to denomination of notes for which the alleged payment wa......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
.... there seems to be no escape from the proposition that the provisions of section 8(1) of the General Clauses Act apply fully in the present case. If so, the contention of Mr. Hossain objecting to the payment of enhanced court fee under section 35A must fall through. 20. Mr. Asrarul Hossain also ......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
Amin Scales Limited and another Vs. Md. Yakub, 1987, 16 CLC (AD)
....eding for winding up, being Company Matter No. 27 of 1986 is pending before the learned Company Judge of the High Court Division. 2. An application for winding-up on the ground of non-payment of debt was filed by the respondent-petitioner, a businessman, on 29 July 1986 and it was a...... lacs and the second instalment of Tk. 35 lacs, for the purpose of his business of manufacturing and sale of scales on a promise to repay it within a short period. The company then issued two cheques, one dated 21-10-85 and the other dated 10-3-86, in favour of the respondent by way of repa..Category: Business or Commercial Law | Date: | Hits: 76
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