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Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)

....bmission it is clear that he wants to down gave (sic) Exhibit 1, which is a bilateral document between the parties. If the contention of the learned Counsel for the opposite party is accepted that payment of rent was made according to the English calendar month, then it is not understood what pr......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.   Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..

Category: Tenancy Law | Date: | Hits: 76

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....o an agreement is yet independent of the parent contract between the buyer and the seller. By opening the letter of credit the issuing bank enters into a contract with the negotiating bank to make payment under the letter of credit on receipt of the document contemplated in the letter of credit ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ..

Category: Civil Law | Date: | Hits: 115

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)

.... Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5)  Lawyers Involved:   ......  The appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 23.  ..

Category: Fiscal/Taxation Law | Date: | Hits: 66

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... 162  dated 08.06.1997 for Tk.1,00,000/- in favour of XEN,CMMU, Mymensingh which was presented through clearing house by Agrani Bank on 03.08.1997 and the same was honoured by issuing another payment order bearing No. 569283  dated 03.08.1997 for Tk. 1,00,000/- only treating the same a......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 78

Md. Anarul Islam and others Vs. State and another, 2006, 35 CLC (AD)

....he company may proceed against the accused-appellants for the allegations in the petition of complaint in the appropriate forum and in accordance with law. Ed. This Case is also Reported in: ......Registrar of Joint Stock Company and the accused appellant No.1 was made Managing Director and the accused appellant No.2 was made one of the Directors of the Board of Directors; that on 15.9.1993, a cheque amounting to Tk.42,093/- was issued from the Rupali Bank at Rangpur Branch as part of the loa..

Category: Criminal Law | Date: | Hits: 50

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....a Division Bench of the High Court Division in Writ Petition No.2113 of 2004 refusing to issue Rule in respect of other portion of the order impugning which the writ petition was filed i.e. regarding payment of Tk. 67,59,921.15/- as VAT which the writ petitioner did not pay to the government in the ......ayment of VAT which the petitioner avoided to pay is an appealable order in our view, the High Court Division rightly refused to issue the Rule. 6.  Accordingly, the petition is dismissed. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Amar Chandra Saha Vs. Ajit Kumar Das, 1981, 10 CLC (AD)

....e under section 106 of the Transfer of Property Act, against the tenant-respondent, on the ground of bonafide requirement for personal use and occupation, and also for the default of the tenant in payment of rent. 3. Plaintiff-landlord claimed exclusive ownership of suit premises. He furt...... mere fact of payment of rent by the Tenant. We, therefore, find no reason to interfere with the decision of the High Court. The appeal is dismissed with no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 44

Udaypur Halima Darul Ulum Madrasha and others Vs. Bangladesh, 1981, 10 CLC (AD)

.... that in terms of the said provisions the appellant was entitled to continue the cattle market in question on the basis of a licence to be granted by the authority or the land could be forfeited on payment of compensation. 6. On perusal of the relevant provisions of the Ordinance No. XIX ......ust succeed. Therefore, the appeal is allowed and the order of the High Court Division is set aside. Let the Government proceed in accordance with law. We make no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 93

Bangladesh Vs. Hail Abdul Gani Biswas and others, 1980, 9 CLC (AD)

....ny raiyat shall not exceed by any agreement, express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at anytime before the expiry of the said period, on payment of an amount which shall bear the same proportion to the total consideration money receive......ion of the High Court Division set aside and remitted back to the High Court Division for disposal. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 233 ..

Category: Property Law | Date: | Hits: 85

Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)

....si­tion which they would have occupied but for the decree that has been varied or reversed In making restitution the Court has been confe­rred very wide powers including orders for refund of costs, payment of interest, da­mages, compensation and mesne profits conse­quent on such variation or rev......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..

Category: Procedural Law | Date: | Hits: 96

Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)

....ctment is that Balaram, father of Respondents, was a monthly tenant at the premises in 1968 and from April, 1969, Suresh, the first Respondent took the tenancy in his name, and he having defaulted in payment of rent was liable to ejectment. The second Respondent, brother of Suresh, was added as a pa...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..

Category: Tenancy Law | Date: | Hits: 67

Manager, Kushtia Sugar Mills Vs. Chairman, Khulna Labour Court and another, 1980, 9 CLC (AD)

....any is a nationalized enterprise. Respondent No. 2 resigned and left his job on November, 11, 1975. His resignation was duly accepted. On 13-11-76 he filed an application to the petitioner asking for payment of wages in respect of compensatory leave of 803 days. As he did not obtain any relief from ......plication under that section is not maintainable. For the reasons stated above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 162 ..

Category: Employment/Service Law | Date: | Hits: 68

Director of Taxation & Excise, Govt of East Pak. (now BD) Vs. Mehdi Ali Khan Panni, 1980, 9 CLC (AD)

....e ass­essed and fixed by me and they shall be paid the stipends or monthly allowance accord­ingly. It is in the document referred to in Para 2 that I shall be able to pay down the procedure for the payment of the stipends or monthly allowance to descendants. Whoever from among my descendants would......y order as to costs. ORDER OF THE COURT According to the majority view the app­eals are dismissed without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 138 ..

Category: Trust/Waqf Law | Date: | Hits: 239

Bangladesh Vs. Abdur Rashid and others, 1980, 9 CLC (AD)

....y 5, 1968 determined the compensation at Tk. 32,076/00 which included a sum of Tk. 4,765/00 as compensation for some trees and plants standing on the land. The Land Acqui­sition Court directed the payment of interest at the rate of 6 per cent per annum on the compensation if not paid within the d......any order as costs. The orders of the High Court and the Additional District Judge, 3rd Court Dacca, as awarding interest are set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 92 ..

Category: Others | Date: | Hits: 86

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

....ion is set aside and it is declared that the order of dismissal of the appellant is without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 83 ......oney in the fund of the Council shall be deposited in such bank or banks as may, from time to time be approved by the Governing Body, and no money shall be withdrawn from any such bank except on a cheque signed and counter­signed by officers authorised in this be­half by the Governing Body. In..

Category: Employment/Service Law | Date: | Hits: 130

Md. Mahboob Murshed Vs. Bangladesh and others, 1980, 9 CLC (AD)

....in supersession of para 1 and 2 of this office Order No. 433-E/l PXW (0) dated 16.11.1972 and CPO/ CRE's Office Order of even number dated 1. 1.1973. Consequent upon the above decision, the overpayment made to Mr. M.M. Morshed for the period from 19.2.1972 to 29-11-1972 should be recovered im......de and impugned Office Order dated July 29, 1976 is declared as illegal and without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 77 ..

Category: Employment/Service Law | Date: | Hits: 77

Md. Shahidul Haque Vs. Mst. Rahiman Bibi and another, 1980, 9 CLC (AD)

....erty Act on  the defendant-tenant. The suit was a Small Cause Court suit No. 28 of 1976 before the Small Causes Court Judge at Dacca. The ground for ejectment was that the tenant was in de­fault of payment of rent, sub-letting without the consent of the landlord and for bonafide requirement of use......that part of the order of the High Court Division granting time to the tenant-Respondents to vacate the premises by 31st December, 1979. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 52 ..

Category: Tenancy Law | Date: | Hits: 69

Yusuf Vs. Mofzal Ahmed Sowdagar, 1993, 22 CLC (AD)

....he plaintiff instituted OS No. 230 of 1969 in the 1st Court of Munsif, Chittagong on 8.9.69 alleging that the defendant was a monthly tenant under him in the suit premises. The tenant defaulted in payment of rent for which the plaintiff instituted the suit for ejectment after determining the ten......decisions of the High Court Division and the first Appellate Court are set aside and that of the trial Court is restored. Ed. This case is also reported in: 45 DLR (AD) (1993) 178 ..

Category: Others | Date: | Hits: 119

Al-HaJ Mirjahan Vs. Golden Biscuit Co., 1993, 22 CLC (AD)

....her half to other landlord the tenant bifurcated the tenancy itself. The ground was totally baseless, for, when the premises was sold to two different persons under two separate registered deed , the payment of the rent to both the landlords who became co‑sharers in the premises did not violate an...... order of the High Court Division allowing the tenant's application for making deposit of rent. 5. Both the petitions are dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 166 ..

Category: Tenancy Law | Date: | Hits: 71

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

....#8209;in TS No. 169 of 1981 also, after a delay of 576 days, and on their application under section 5, Limitation Act, the High Court Division, by the impugned order, condoned the delay subject to payment of Taka 3,500.00 as cost to this Petitioner by the Government. 3. Mr. TH Khan, lear......up these appeals soon, the Bench will take Ste for their disposal by some other Bench. The petition is dismissed. Ed. This case is also reported in: 45 DLR (AD) (1993) 164 ..

Category: Property Law | Date: | Hits: 101