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Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....cumstances lead to the inevitable conclusion that the vessel in question was carrying the huge quantity of unmanifested goods for attempted smuggling of the same inside Bangladesh, even without the payment of custom duties and taxes leviable thereon within the meaning of smuggling as contemplate...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....in in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evidence of......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
...., PWs 3, 4, 5 and 8 stated that they heard PWs 1, 2, 7 and the late Upendra denying their execution of the Sale‑deed in presence of the accused-recipients; total absence of any evidence as to payment of any consideration for the Sale-deeds and the opinions of both Hand Writing Expert and F......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....n the award could be remitted under section 16 of the Arbitration Act to the learned Subordinate Judge and as to whether the High Court Division failed to notice that the contract itself provided for payment of interest denied to the appellant by the High Court Division. 3. The respondent‑U...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....ulshan Residential Area, Dhaka at a consideration of Tk. 2,05,000.00 if paid in lump or Tk. 2,35,000.00 if paid in 4 successive annual instalments was issued to him by the former DIT on 14.9.79. On payment of one instalment on 8.10.79 respondent No. 4 was given possession of 9 kathas 13 chataks ......bsolute and it is hereby directed that the name of the appellant be mutated in place of the original lessee Md. Abdul Matin, in the relevant registers and papers of the respondents. Ed. ..Category: Property Law | Date: | Hits: 110
Bangladesh Freedom Fighters Welfare Trust and another Vs. Md. Momtazul Hossain, 1992, 21 CLC (AD)
.... "7. (1) The service of a probationer or an employee, whether temporary or confirmed, shall be liable to termination without assigning any reason after giving him two months' notice in writing or on payment of two months' substantive pay in lieu of such notice and the probationer or the employee sh...... decided the matter will have no effect so far as the instant matter is concerned. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 44 DLR (AD) 273, 1992 BLD (AD) 199. ..Category: Employment/Service Law | Date: | Hits: 93
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....ss through the Kamarkhali Ferryghat paying necessary toll‑charges which are recorded in a register at the Ferryghat. These drivers at the time of interception could not produce any toll‑payment receipt of Ferryghat. That is why the trucks were seized by the Anti‑Corruption. Hear......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
....me. On clearance that goods be stored at Khulna in a godown at Khulna to be provided by us under your Bank Lock and Key. We shall take delivery of goods on payments properly. We do hereby authorise the undersigned Mr. Saleh Ahmed of 74,......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....bdul Malik in the revision case. It was, inter alia, stated that the respondent and his brother have been possessing part of the suit land for a long time on the basis of lease from the Government on payment of annual lease money, that inspite of concurrent decision against the plaintiff the new tra......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
.... 4. Defendant No. 2 the Bank, in its written statement contended that the Bank had filed Certificate Case No. 354 (CB) of 1957-58 for realisation of money due from deceased defendant No.1 and without payment of the said dues the appellants cannot obtain a decree for specific performance of contract.......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....ourt Division ought to have directed the trial Court to reject the plaint when the C & F contract was made in London, it was performed there by delivery of goods on production of documents, and payment under the contract was also made there, and no part of the cause of action arose within the......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ning 15 bunds of tin, situated within Barisal Pourashava the appellant was a tenant at the rate of Tk. 40'00 per Bangla month. He paid rent irregularly upto Chaitra 1382 BS and has defaulted in the payment of rent since Baisakh 1383 BS in course of which Tk. 960'00 has fallen due to him upto Cha......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
....try of Industries not to take any steps in respect of Military Lands leased out to M/s Drums Metal Ltd.
13. On the basis of the public notice the appellant submitted tender on 20.5.76 offering payment of Tk. 91,00,000'00 towards the price of the lands, machineries, equipment and buildings and......eal is dismissed without any order as to costs. Four months' time from date is granted to remove the structures, machineries, etc. from the disputed land.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 68
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
....vement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Controller first accepted the claim and, as appears necessary fund was also placed at his disposal by the Ministry for payment of the octroi. At a later stage, the Controller reduced the claim to Tk. 9,98,947.25 taking......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....oza Chowdhury." It further held that there was no documentary evidence to show that the tenants gave up their possession of the suit holding in favour of the landlord on getting exemption from payment of balance decretal dues. But the subsequent conduct of the landlord, namely, the settlemen......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Mackinnon Mackenzie & C. (Pak.) Ltd Vs. Com. of Taxes Ctg (South) Zone, Chtg, 1992, 21 CLC (AD)
.... between the Management and the permanent staff in an atmosphere of cordiality and accommodation on both sides." 6. In view of absence of supporting papers, verifiable evidence of payment to the staff, and the fact that the agreement was made on 14.9.72, only 16 days before the ...... incurred for carrying on the business in this country. The High Court Division's answer to the question referred to is upheld. The appeal is dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
SA Sultan Vs. The State and another, 1991, 20 CLC (AD)
.... stated in the petition of complaint that having communicated with the Bank regarding encashment of these two cheques she was told by the Bank that the accused had instructed the bank not to make any payment of the said cheques. After the filing of this petition of complaint, she was examined on the......ount of Taka 5,00,000.00 (Taka five lacs) on the BCCI Bank, Dhaka. The complainant further stated in the petition of complaint that having communicated with the Bank regarding encashment of these two cheques she was told by the Bank that the accused had instructed the bank not to make any payment of..Category: Criminal Law | Date: | Hits: 64
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
....S which according to them was paid under duress makes no difference in determining the question of adverse possession because their possession become adverse in law long before the alleged date of payment of rent. The trial Court itself found that Ext. A (rent receipt in question) was not issued......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....ho transferred the suit property to the plaintiff by a registered deed of exchange on 13.11.63 through their constituted Attorney Syed Amir Ali. The plaintiff has been in possession of the same on payment of all rents and taxes. The suit property was requisitioned by the erstwhile Province of E......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....” 8. Seven tests have been laid down in the cases mentioned above to determine whether a document is a mortgage or an out and out sale namely, (i) the existence of debt, (ii) the period of repayment‑ a short period being indicative of a sale and a long period of a mortgage; (iii) possessi......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
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