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Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....t and laid its claim to the disputed cement on account of alleged lien on the cargo including charter hire and other charges and damages which is alleged to be the first charge on the cargo after the payment of customs duty and port charges. It was stated that its ship carried the cement from Iraq u......peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ..Category: Business or Commercial Law | Date: | Hits: 130
Fazaruddin Vs. Maijuddin and others, 1992, 21 CLC (AD)
....aking additional evidence, that the purchasers had brought about improvement in the land at a cost of Tk.1.5 lacs which, over years, came to Tk.2 lacs; he, therefore, allowed pre‑emption subject to payment of the cost of improvement to the tune of Tk. 2 lacs within 60 days from the date of judgmen......gle Judge is not correct. 10. In the result, both the appeals are allowed. Judgment of the High Court Division is set aside and that of the appellate court is restored. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 70
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
.... Code of Civil Procedure for setting aside the ex parte decree passed against them on 28‑7‑85, they preferred an appeal to the High Court Division which allowed the same on condition of payment of Tk. 3,000/= to the plaintiff who now seeks leave to appeal from the said judgment. ......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
....l No. 142 of 1976 and after a contested hearing the learned Subordinate Judge set aside the order of dismissal for default dated 12.11.79 and restored the appeal to its file and number, subject to payment of a cost of Tk. 400.00 by respondent No. 1 to the plaintiff ‑appellants. 3. ......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Pradhip Das alias Shambhu and others Vs. Kazal Das Sarma and others, 1991, 20 CLC (AD)
..... 2. Respondents‑ landlords filed Other Suit No.172 of 1976 in the First Court of Munsif, Chittagong for ejectment of their monthly tenant, Sukhendu Bikash Das, on, the ground of default in the payment of rent and also of bona fide requirement of the premises by them. The suit was decreed and ......sion is upheld, though on different grounds as given above. The appeal is, therefore, dismissed without, however, any order as to cost. Ed. This Case is also Reported in: 44 DLR (AD) 1. ..Category: Tenancy Law | Date: | Hits: 97
Jardine Henderson Ltd. Calcutta, India Vs. Commissioner of Income-Tax, Chittagong, 1976, 5 CLC (AD)
....r connection with some transaction of properties in Pakistan. 9. Mr. A.W. Chowdhury, learned Counsel appearing on 'behalf of the Revenue, has on the other hand, contended that the method of payment of remuneration to the managing company for their services rendered has little relevance fo......soever and to sell such machinery, stores, goods, materials and/ or any of the articles manufactured or acquired by the Company and to make, draw, endorse, sign, accept, negotiate and give all cheques, notes, hoondies, bills of lading, drafts, orders, Government of India and other Promissory..Category: Fiscal/Taxation Law | Date: | Hits: 114
Karnaphuli Rayon and Chemical Ltd. Vs. The Govt. of Bangladesh and others, 1976, 5 CLC (AD)
....ty under Item 15A of the First Schedule of the Central Excise and Salt Act, 1944 and asking the Company to follow Central Excise Rule end Procedure regarding clearance of stockinet’s on payment of duty. The appellant Company appears to have submitted an application to the Secreta......shy;nufacture by the appellant Company is declared to have been issued without lawful authority and was of no legal effect. There shall be no order as to costs in this appeal. Ed. ..Category: Business or Commercial Law | Date: | Hits: 109
Haji Md. Shariatullah Vs. Ashrafun Nessa Bibi and others, 1976, 5 CLC (AD)
.... the order disposing of such objection. In the case of Ramkeshawar Prasad Vs. Babu Girja Prasad A.I.R. 1957 Patna 501, the Patna High Court expressed a similar view and held that an order directing payment of sum of money to a Pleader. Commissioner was no doubt executable by virtue of sec. ......g regard to the considerations made above we find no substance in this appeal. It is accordingly dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 91. ..Category: Property Law | Date: | Hits: 77
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
.... The plaintiff thereafter filed the House Rent Case No. 273 of 1961 before the House Rent Controller for permission to sue the defendant for ejectment in the Civil Court on the ground of default in payment of rent wherein the defendant filed a written objection repudiating his tenancy in respect......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....the company, and if the deposit carries interest, and the interest is not, under the terms of the contract between the employer and the employee at the disposal of employer, order may be made for payment to the judgment-Creditor of the interest as it from time to time falls due". ......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ns of the, courts below are set aside in part, and the case remitted back to trial Court for allowing the plaintiff-appellant to amend his pleading, by adding the prayer for recovery of possession on payment of proper court fees. The defendant shall be at liberty to file additional written statement......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
.... the High Court for decision, as to whether the accounting, which had been directed in the case by the Court of first instance, should not be restricted in relation to determination of the excess payment, for the making of a refund order, to such payments or recoveries as had been made after the......e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 64
K. M. Zaker Hossain Vs. The State, 1977, 6 CLC (AD)
....ance on 19-3-1965 without any running bill or any petition for advance. In doing so, the petitioner managed to secure office notes and reports facilitating the advance. Thereafter, further advance payment of Tk. 23,000/OOon 10.3.1965, Tk.35,000/00 on 15.3.65 and Tk. 70,000/00 on 10.4.1965 were m......ion and as such there was no question of prejudice. There is, therefore, no question of law which calls for our interference. In the result, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 69
Mansur Ali Vs. Bangladesh and another, 1977, 6 CLC (AD)
....borrowing authority, is paying the salary of borrowed officer from the company's fund does not detract him from his status of a Government servant. The Service Rules specifically provides for such payment of his salary the borrowing authority. The payment is sanctioned by the Service Rules. His ...... For the reasons we allow the appeal, set aside the orders of the High Court Division, accept the reference of the Sessions Judge Dacca, and quash the proceedings. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Abdur Rahim Afroze Vs. B. C. Aga and Co. Ltd. and others, 1977, 6 CLC (AD)
....r the appellant. The latter was, therefore, asked to open a letter of Credit. After arrival of the aforesaid goods at Chittagong Port, Sight draft was presented by the respondent to the appellant for payment of the price of the goods but the price having gone down, the appellant refused to honour th......therefore, jurisdiction to enter upon arbitration on his appointment and the award made by him was not void. In the result the appeal is dismissed without, however, any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar & ors, 1977, 6 CLC (AD)
....ty is vested in her and she is the owner of the property, subject to certain restrictions. She has the right to alienate the property absolutely for what is known as 'legal necessity', namely, for payment of husband's debts, for performance of acts which conduce to the spiritual welfare of ......nbsp; ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. Abdul Khaleque and ors., 1977, 6 CLC (AD)
.... is published, the requisitioned property shall vest absolutely in the Government free from all encumbrances, and the period of requisition of such property shall end. Section 5B provides for payment of compensation in advance, and section 6, for payment of compensation for movable properly......he matter in the manner indicated above. The appeal No. 26 of 1976 subject to the observation made above is dismissed. We however make no order as to costs in all the appeals. Ed. ..Category: Property Law | Date: | Hits: 70
M/s Amin Jute Mills Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
.... collected in the prescribed manner. By subsequent amend-ment, however, it has been generally provided that such tax will be assessed and collected in the prescribed manner. Section 8 provides for payment of penalty for default in payment of the tax. Section 9 declares that all dues payable unde......e of the enactment of the Basic Democracies Order. We, therefore, do not find any substance in all these appeals which are dismissed, but there shall be no order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 244
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....as set up reveals that a dock labourer is employed in the reserve pool by the National Dock Labour Board and he is registered with the Board for the purpose that he is available for work. He receives payment from the Board for unemployment or under employment and is required to carry out the directi......e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ..Category: Employment/Service Law | Date: | Hits: 170
Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....ction 115 of the Code with respect to the order of assessment made under section 93 A of the Town Improvement Act and its order setting aside the direction of the Land Acquisition Court as to payment of interest is liable to be set aside. The result is that this appeal is dismissed w......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
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