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Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
.... can be withdrawn from it under an Act of Parliament or Rules made by the President. Article 85 of the Constitution is as follows:— "85. The custody of public moneys, their payment into and the withdrawal from the Consolidated Fund or as the case may be, the Public Accou......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Commissioner of Income Tax Vs. Mrs. Masuda Khatun, 1982, 11 CLC (AD)
....e Tax Exemption of Industrial Undertaking Rules, 1967". 15. What is meant by dividend? Dividend has been defined in section 6(A):— "(a) any distribution or payment made by a company to its shareholder, or on behalf of its shareholders, of accumulated pro......e the exemption illusory. Accordingly, the answer to the question framed must be in the affirmative. The appeals are, therefore, dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....ed Subordinate Judge also accepted the case of the plaintiff that the suit properties were acquired by the plaintiff by exchange of his Park Street and Dum Dum Road properties. With regard to payment of consideration money the learned Subordinate Judge found that the defendant had &nbs......hased from one Md Nasiruddin by a kabala Exhibit No. 1 dated June 6, 1945 for a consideration of Rs, 36,750/- paid as the memo of consideration recited in the kabala indicates by two cheques draws by plaintiff in favour of the vendor, the first one dated March 22, 1945 for Rs, 5.00..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....ation (PICIC) the creditor Shilpa Rin Sangstha filed an application for winding up the company, as it became unable to pay the debt but it was ultimately compromised on an assurance of payment of monthly instalment, which were however not fully paid. In the circumstances, respon......s Ltd. being Matter No. 9 of 1975. The said application was rejected by the learned Company Judge against which Respondent No. 1 preferred the said Appeal No 8 of 1977. 3. The case has got a chequered history, case of respondent No. 1 Rahimuddin Ahmed is that his elder brother Alauddin Ah..Category: Business or Commercial Law | Date: | Hits: 110
Assessing Officer, Narayangonj Range and others Vs. Burmah Eastern Ltd., 1981, 10 CLC (AD)
....ion of the holding and the same escaped assessment. The respondent then received the Impugned Notice being process No. 3823 dated 18.5.73, issued by the Assessing Officer, Narayanan] Range, demanding payment of Tk. 80,165/- as Urban Immovable Property Tax for the years 1957-58 to 1972-73. Responde......at the High Court Division has rightly held that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in:..Category: Fiscal/Taxation Law | Date: | Hits: 76
Sonali Bank Vs. Abdul Mannan and others, 1981, 10 CLC (AD)
....mber 1975, had any bearing in the facts and circumstances of the case. The Circular and memo of the Ministry of Finance dated 27.10.75 to the effect that the Government had decided not to allow the payment of the exchange value of demonetised Pakistani currency notes is irrelevant so far the fac......an according to the prescribed instructions. A spare copy of this order (enclosed) should be forwarded to the Head Office of the Bank who will transmit it to the State Bank of Pakistan along with the cheque/pay order for the total amount forfeited." 5. A copy of the Committee's order in respect..Category: Banking Law | Date: | Hits: 129
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 91
Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....t arises out of a suit for ejectment. Facts are that the defendant-appellant was a monthly tenant of the suit premises at the rate of Rs. 21/- per month according to the Bengali Calendar and the last payment of rent was made on 12th Falgoon, 1375 B.S. for the months of Agrahayan, Poush and Magh, 137......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....ned properties and accordingly called for tender on 2.1.85 through Newspapers. One Syed Altaf Hossain became the highest bidder for the disputed property offering Tk. 84, 00,000.00. He made a down payment of Tk. 11, 80,000/‑being 15% of the bid money in favour of the Executive Engineer (Ma......etitioner summarily. In the result, therefore, this appeal is allowed and the impugned proceeding pending in the Court of the Chief Metropolitan Magistrate, Dhaka is quashed. Ed. ..Category: Criminal Law | Date: | Hits: 51
Lutfar Rahman Vs. State, 1973, 2 CLC (AD)
....be sunk to a depth of 152 feet. The appellant undertook the work and filed a voucher exhibit 6 dated 7-8-61 certified by 2 members of the said Union Council and the Chairman of the Council made payment of Rs. 2,400/-. Subsequently on the basis of complaint filed by P.W.8 Mukshed Ali Mondal a......tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ..Category: Criminal Law | Date: | Hits: 84
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....nt, and that it was of considerable volume and further that the contractor had been doing works in excess of these required of him. These works were completed in 1962. The contractor is entitled to payment of a reasonable amount, pending decision of the question whether the Courts should determin......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....case of private employment, the ordinary rule of master and servant must be sustained, namely, that without cause assigned the master may dispense with the services of the servant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his a...... directing the reinstatement of Nurul Gani, is set aside. In the circumstances of the case, the parties are left to bear own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 85. ..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
.... Lien on the security deposit by a member of stock exchange As per rule 3(iv) of the Forward Contract Rules all deposits by a member of Karachi Stock Exchange shall be subject to a first lien for payments to be made in settlement of forward transactions. Since the defendant had not done any forw......eproduced in the judgment of the learned Single Judge. Rule 3 requires that every member desiring to do Forward Contract Business shall notify the Secretary in writing of such desire and send him a cheque for Rs. 2,500 ''as basic deposit". In this case Mrs. Purviz Dalai had intimated her desire to..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....efore the assumption of charge by him. He admitted to have received Rs. 650/- from the cashier Abdul Aziz as against his salary cheque for the equivalent, amount, but denied his knowledge about the payment of Rs. 200/- to Mr. Zahurul Huq and Rs. 1,300/-to Mr. Rahman Ghani. These amounts of Rs. 200......sain, Abdul Aziz found shortage in the cash for which he was unwilling to take charge. Hamid Hussain then produced the list (Ex. 39) showing the details of the advances already made against chits and cheques, etc., and the cash in hand on 30-4-58. According to this list, the actual cash in hand on 3..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
.... Ali was convicted by a Magistrate 1st Class, Lahore, with powers under section 30, for an offence under section 326 PPC, and sentenced to seven years R.I. and a fine of Rs. 100.00, or, in default of payment, further three months R.I. The prosecution case against him was that he had thrown acid on A......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....t date a demand promissory note for the sum of Rs. 25000/- as further security. The respondent No. 3, Mohammad Islam, who is brother of respondent No. 1, stood surety for defendant No.1 and granted repayment of the outstanding dues on the above overdraft account by executing a registered letter of......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....paid by the Parties: The Secretariat draws the attention of the sole arbitrator to article 9.4 of the ICC Arbitration Rules stating that the Terms of Reference becomes effective upon payment of the total advance on costs fixed at US $ 12,000,—, subject to later readjustments...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Bangladesh Vs. Md. Naziur Rahman and others, 2002, 31 CLC (AD)
....s previously convicted by the 2nd Additional Sessions Judge and Special Judge, Dhaka in Special Case No.11 of 1992 and was sentenced to imprisonment with fine of Taka 5,48,70,800 and in default of payment of fine to suffer simple imprisonment for two years more. The matter ultimately came up bef......, and the same is accordingly dismissed. Stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 157. ..Category: Criminal Law | Date: | Hits: 66
....e possession of HBRI. It is seen from the Annexure-T to the Writ petition that in connection with the construction of 3600 residential flats decision was taken to purchase 13 acres of land of HBRI on payment of 30 lac per bigha and it appears that in connection thereof the eviction that has been cha...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....Balaram Mistry his widow Beloka Sundari was staying with Borodh Kanta Roy and that the said Borodh Kanta Roy was looking after the properties of Beloka Sundari and was also entrusted with the payment of rent, but with intent to late grab the property of Balaram Mistry, Borodh Kanta Roy caus......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ..Category: Property Law | Date: | Hits: 47
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