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AKM Shamsuzzaman Khan Vs. Chairman EPRTC, 1972, 1 CLC (HCD)
...., After deducting this amount of Rs. 300.00, the appellant was entitled to get compensation of Rs. 1800.00 from the respondents and the learned Commissioner accordingly awarded the said amount for payment to the appellant within two months from the date of the order. In this First Miscellaneous ......e of the amount of Rs. 8400.00 should be so deposited within the period stipulated as above. The appellant worker is entitled to his costs throughout and we order accordingly. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 118
Basanta Kumar Basak Vs. Santosh Kumar Basak and others, 1972, 1 CLC (HCD)
....or any transaction made by Raj Kumar as a karta of the undivided family must be viewed as ensuing to the benefit of all the family members. There is not a scrap of paper such as dakhila showing payment of rent in the name of ejmali family or any other document to show that really Raj Kumar w......all the material documentary and oral evidence on record in accordance with law and in the light of the observations made above. The costs of this appeal will abide the result. Ed. ..Category: Property Law | Date: | Hits: 62
Serajul Hoque Muktar and others Vs. ARM Mustanesar Billah & others, 1972, 1 CLC (HCD)
.... disputed premises belonged to the pro-defendant No. 3 from whom the defendant No. 1 took settlement of the same at a monthly rent of Rs. 16/-executing kabuliyat on the 20th Bhadra, 1353 BS and on payment of a salami to the tune of Rs 100.00 and that the defendant No 3 accepted the kabuliyat whi...... appeal is dismissed with costs; and the judgment and decree passed by the Courts below are affirmed. The leave as prayed for under Clause 15 of the Letters Patent is refused. Ed. ..Category: Property Law | Date: | Hits: 69
Rakhal Chandra Das and ors Vs. Benecha Khatun and others, 1972, 1 CLC (AD)
....ven in addition to the ordinary remedy prescribed by law. Therefore, the ordinary remedy by way of redemption suit is always available to a debtor and if he has instituted a suit for redemption after payment of proper court fee and framing a suit thereunder there is no reason that the suit shall be ......ing the principal defendants therefrom are restored. But the decree of the trial Court for recovery of Rs 110/- as compensation is set aside. There will be no order as to costs in this appeal. Ed. ..Category: Property Law | Date: | Hits: 82
Rahman Ali Vs. Upendra Lal Sarkar, 1972, 1 CLC (AD)
....and they made the lands fit for cultivation and began to live on some land by constructing huts therein. Thus, they assert that they have been in possession of the lands in suit in rayati right on payment of rents. The defendants also pleaded that the entry in the khatian in the name of Abdul Ka...... and for all and the cost for appointment of the pleader commissioner will be borne by the plaintiff, 18. Leave as prayed for under clause 15 of the Letters Patent is granted. Ed. ..Category: Property Law | Date: | Hits: 67
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
...., to consider the purposes for which this lease was executed. In the document, it is stipulated that if the land remains fallow or unproductive, then that will not be entertained as an excuse for non-payment or reduction of rent. It is further provided in this lease that the lessee is required to lo......this second appeal has now become infructuous, as the appeal itself has now been disposed of. The Rule is accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:..Category: Civil Law | Date: | Hits: 137
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....ht, title and interest in the suit land. Defendant No.1 served notice upon the plaintiffs’ tenants claiming title over the suit land and on receipt of this notice; the plaintiffs’ tenants stopped payment of rent to them. Hence the suit for declaration of title as also for a declaration that the ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....nd that since their heirs were not Substituted within time the suit had abated long before. The learned Subordinate Judge allowed the prayer for setting aside abatement on 7 April 1992, subject to payment of a cost of Taka 500.00 to the defendant. 6. The contesting defendant preferred Ci......and the impugned judgment and order of the High Court Division be set aside. We, however, make no order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 253. ..Category: Property Law | Date: | Hits: 72
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....€™s Order No. 128 of 1972 it will be profitable to fully quote the same: “34. (1) Where any industrial concern which is under a liability to the Sangstha under an agreement makes any default in payment or otherwise fails to comply with the terms of its agreement with the Sangstha, the Sangstha...... all times disputed the claim of the Sangstha but it willfully did not disclose the actual fact that the BTMC had already paid the Sangstha the full amount of loan/dues on account of the company vide cheque No. CJD 700325 dated 30 June 1985. The auction sale was fraudulent and collusive amongst defe..Category: Property Law | Date: | Hits: 77
SM Anwar Hossain Vs. Md. Shafiul Alam (Chand) and another, 1999, 28 CLC (AD)
....ional Bank, that the complainant deposited the cheque on 23-12-95 in his account at Uttara Bank but the same was dishonoured on the same date, that on 24-12-95 the complainant sent a legal notice for payment of the said amount, that on receipt of the said notice the appellant in order to avoid payme......turn the security money to the complainant in spite of repeated demands whereupon the complainant sent a legal notice on 5-12-95, that on 21-12-95 the appellant in presence of witnesses handed over a cheque of Taka 6,75,000.00 drawn on National Bank, that the complainant deposited the cheque on 23-1..Category: Business or Commercial Law | Date: | Hits: 145
Commissioner of Customs, Mongla Customs House & ors Vs. SARC Enterprise, 1999, 28 CLC (AD)
....nch of the High Court Division while issuing Rule Nisi in Writ Petition No. 576 of 1999 filed by the respondent directing the petitioners to allow the writ-petitioner to clear the imported goods on payment of duty at the rate of 7.5% upon furnishing a bank guarantee for 40% and personal guarantee......er stands modified accordingly. This petition is disposed of upon condonation of delay in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 165. ..Category: Business or Commercial Law | Date: | Hits: 155
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
.... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ......ppressing the truth and practicing fraud upon the Court. The Court permitted the transfer and directed appellant No. 1 to deposit the sale money to the bank with a further direction to deposit the cheque book before the Court. After obtaining fraudulently such permission all the accused-appellan..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
.... The case of the respondents is that the defendant appellants were tenants under them at a monthly rent of Taka 25.00 payable on the first day of the next month. As the defendant-appellants defaulted payment of rent for the month of Bhadra, 1376 BS a notice under section 106 of the Transfer of Prope......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....Intiaj Ali and his joining report was forwarded to the Bank for recording. When the last mentioned cheque was presented for encashment on 25-5-81 there appeared shortage of fund, but the Bank made payment of the said cheque by getting a sum of Taka 3,000.00 deposited in the said account on the s......th the money of repair grant. On 30-6-78, an amount of Taka 15,000.00 was deposited in that account and since then accused Minhazuddin and PW Muslimuddin would deal with that fund. Previously the cheque book had been lying with Muslimuddin but on 9-1-81 accused Minhazuddin took the said cheque ..Category: Criminal Law | Date: | Hits: 59
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....bandha. He filed Title Suit No. 16 of 1987 in the Court of Assistant Judge of the then Chilmari Upazila for a declaration that the order of termination was illegal and for reinstatement in service on payment of arrears dues. The Bank Employees Federation called strike throughout the country on 9-9-8......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....of the learned Advocate for the appellant that granting of temporary injunction is contrary to the scheme of the legislation as the legislature enacted the law providing for speedy remedy against non-payment of dues or breach of any obligation and a provision of the special law will prevail over the......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
GM, Jamuna Oil Company Ltd. Vs. Chairman, Labour Court, Chittagong Div. & ors, 1999, 28 CLC (AD)
....ement, the appellant- company framed and implemented Rules of overtime calculation as contained in Circular No. BDOM/CIRCULAR dated 7-12-73 and the said Circular covered the whole gamut of overtime payment of the workers and employees of the appellant-company covered by the Factories Act, 1965 a......e 4 of the Rules. For the reasons stated above both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 91. ..Category: Labour and Industrial Law | Date: | Hits: 134
SM Monirul Islam Vs. MV You Bang, 1999, 28 CLC (AD)
....ioner. 2. The plaintiff-petition filed the aforesaid admiralty suit praying for arrest of the said vessel and to take into and hold in custody of the Marshal of the Admiralty Court as security for payment of Taka 10,91,41,259.00, the money claimed in the suit. The plaint was admitted on 24-12-98 ......dant-respondent’s surveyor. In that view of the matter, we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 90. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 235
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....peal. 8. Mr. MA Wahab Miah, learned Advocate appearing for the appellants, submits that the deceased plaintiff Hiron Chandra Dey took pattan of 0.63 acres of land from Ham Chandra Datta on payment of a salami of Taka 300.00 on the basis of pattanirukka dated 14 Chaitra 1353 BS and purch......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Dr. Ahmed Husain Vs. Bangladesh, 1999, 28 CLC (AD)
....f the said President’s Order. 5. It is clear from the language of Article 68 of the Constitution that Parliament has been given an enabling power to enact a legislation providing for payment of remuneration and allowances and granting of privileges to the Members of Parliament. The......ional. What looks indecent to others may, in fact, be constitutionally permissible. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 75. ..Category: Constitutional Law | Date: | Hits: 152
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