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BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......urt has submitted correspondences with the plaintiff and BIWTA which was engaged for the salvage of A1-Falah-1. From the documents as filed by Dr. M Zahir it appears that the plaintiff had paid by cheque Taka 5, 19,860.60 paisa to BIWTA and as advance had also paid Taka 2, 60,000.00 to the said ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
.... the year 1346 BS on the basis of farog which was granted under the signature of Aminullah, the son of the landlord, in favour of the plaintiff. The plaintiff has been in possession of the land on payment of rent to the landlord upto 1361 BS by cultivating the land. During the revisional settlem......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
.... and restored those of the trial Court. 2. The plaintiff claimed pattan of the suit land from the Estate of the Zamindars in 1331 BS. The plaintiffs’ father possessed the suit land on payment of rents and on receipt of dakhilas. Upon the death of his father the plaintiff became the ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
....of interest which was neither a part of the award nor given by the learned Subordinate Judge while making the award a rule of the Court. He submits that the impugned order insofar as it relates to payment of interest is clearly illegal and unwarranted. 3. In view of the submission of the......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Government of Bangladesh Vs. Syed Chand Sultana and others, 1999, 28 CLC (AD)
....e of 99 years of the land of plot No. 4, SF (C), Road No. 138, Gulshan from the then Dhaka Improvement Trust, now Rajdhani Unnayan Kartripakkhya, shortly RAJUK, by a deed of lease dated 19-7-66 on payment of all premium. During his lifetime late, Syed Mozaffar Hossain orally gifted the said plot...... is also barred by 12 days and the explanation given for the delay is not satisfactory. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 24. ..Category: Property Law | Date: | Hits: 56
Shafi A Chowdhury and another Vs. Government of Bangladesh, 1999, 28 CLC (AD)
....od condition. Five new machines to be imported by the respondents were in the pipeline. Out of 18 vehicles, 14 were in running condition. Plaintiff No.1 deposited 25% of the purchase money as down payment and executed an agreement on 7- 4-84, clause 18 of which provided that the possession will ......facts of the present case we do not think that the matter warrants our interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 21. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
....sity Women’s College which got the allotment on 13-7-83. Thereafter in pursuance of the order to sell the property the said college accepted the offer of the Government and upon making a part payment of the consideration money amounting to Taka 1,16,979.20 have been possessing the same. It ......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Mostafizur Rahman Vs. Government of Bangladesh and 6 ors., 1999, 28 CLC (AD)
....d in the said notification and obtain release of the goods in question. He made a representation to the Chairman, National Board of Revenue, respondent No. 3, on 15-3-90 praying for exemption from payment of additional duties and taxes leviable on the said consignment on the basis of the enhance......decided in a proper case. For the above reasons, all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 40. ..Category: Business or Commercial Law | Date: | Hits: 99
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....he terms of the lease the petitioner used to pay rent direct to the Government, the real owner of the disputed stalls. The learned Advocate further submits that in view of the admitted position of payment of monthly rent by the petitioner to the Government, the respondents have no legal authorit...... 9. No point of law of public importance is involved in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 39. ..Category: Constitutional Law | Date: | Hits: 158
Chairman, National Board of Revenue and others Vs. Beximco Infusions Ltd., 1999, 28 CLC (AD)
....ing medicine, with foreign collaboration (Dutch and German) imported entire machineries from West Germany which arrived at the Chittagong Port all by 7-2-1991. The company availed of the benefit of payment of customs duty at the rate of 10% ad valorem and of exemption from payment of sales tax a......thoughtless manner in which the Government affairs are conducted. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 36. ..Category: Business or Commercial Law | Date: | Hits: 112
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
.... The Town Improvement Act, 1953 (Act No. VIII of 1953), Sections 79 & 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisitio...... 1953 Act as amended by sections 22 and 23 of the 1987 Act. The petitions are dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 176; 6 MLR (AD) 2001, 41. ..Category: Property Law | Date: | Hits: 94
Yaqub Mohammad and another Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....k and others ……….Respondents Judgment August 10, 1999. Result: The petition is dismissed. The Bank Companies Act, 1991 (XIV of 1991), Section 17(1) Consequence of default of payment by the directors- Directorship of the defaulter loanee is vacated on the expiry of the perio......been issued without any lawful authority. We see no ground for grant of leave and dismiss the petitions accordingly. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 159; 5 MLR (AD) 137. ..Category: Banking Law | Date: | Hits: 191
Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)
....udgment June 1, 2000. The Constitution of Bangladesh, 1972, Article 102 (i) When a provision for appeal in a statute is attended with an inviolable and non-relaxable condition of payment of fine or extra-duty in full then it can be said that the petition has no equally efficaci......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 94
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
.... Transfer of Property Act contemplates mortgage by conditional sale wherein it has been clearly laid down that where the mortgagor ostensibly sells the mortgaged property on condition that on such payment being made buyer shall transfer the property to the seller, the transaction is a mortgage b......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)
....2-99 on the conclusion of the hearing on 30-11-99 in the following terms: “The appeal is partly allowed without any order as to cost. The direction of the High Court Division with regard to payment of salary and other benefits will continue. Judgment containing directions, orders, observ......ncurred falls within the limits of the budget allocation. To ensure financial discipline an Accounts Officer of the Accountant General may sit in the Supreme Court premises for pre-audit and issue of cheques. The executive control over the financial independence of the Supreme Court will thus be eli..Category: Constitutional Law | Date: | Hits: 829
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....uit lands to him by a registered sale deed dated 6 May 1959. On the same day a separate agreement was executed and registered by Jamir Hossain undertaking to re-convey the said lands to him on re-payment of the consideration along with the cost of Taka 85.00. During the subsistence of this tran......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ..Category: Property Law | Date: | Hits: 47
Category: Labour and Industrial Law | Date: | Hits: 163
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... that the high powered committee arbitrarily and fictitiously raised tariff value without any objective material before it, the High Court Division ought not to rush into issuing a Rule Nisi and stay payment of duties and taxes. It should take notice under section 114(e) of the Evidence Act, 1872 an...... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....appellants. Admittedly some 223 workers were sent to Al-Nuri Establishment of Saudi Arabia through the agency of the respondent and on receipt of some allegation of various difficulties including non-payment of wages to the said workers from the Bangladesh Mission in Jeddah, the appellant, by its le......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....e was ill on the date of hearing and that he merely filed a medical certificate without examining the doctor who issued the certificate, yet his conduct although out, was diligent and therefore on payment of Taka 1,000.00 to the plaintiff-petitioners within 15 days the suit may be restored to it......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118