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Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....s of machineries and equipment and had business transaction between themselves since 1971. In the course of such business transaction they sold to each other and purchased from each other and made payments to each other, received payments from each other in cash, by cheque and by sale of materia......emselves since 1971. In the course of such business transaction they sold to each other and purchased from each other and made payments to each other, received payments from each other in cash, by cheque and by sale of materials and equipment and services of each other’s employees. In 1980..Category: Criminal Law | Date: | Hits: 93
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....hly tenant in the suit premises, arises Out of a suit for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was aff......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Shamsul Arafin Khan Vs. Kazal Miah and others, 1997, 26 CLC (AD)
....nally the same was dismissed for default on 30-6-96. In Revision, a learned Single Judge of the High Court Division made the Rule absolute and restored the appeal to its file and number subject to payment of Taka 5,000.00 to the appellant within 30 days by respondent No. 1 in default the order o...... the appellant. Accordingly, the appeal is allowed and the impugned order set aside without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 175 ..Category: Others | Date: | Hits: 87
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
....dges on consideration of the materials and evidences on record took a different view that Md. Nasim was the son of original allottee Yahiya as the original title deed and original receipts showing payment of rent, taxes, etc. were produced from the custody of respondent No, 1. The learned Judges...... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ..Category: Property Law | Date: | Hits: 89
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....of the High Court Division Admiralty jurisdiction passed on compromise in Admiralty Suit No. 27 of 1991 allowing MV Fong Yun (defendant No. 1) to leave the territorial waters of Bangladesh without payment of the dues and our charges of the Port Authority. The appeal is by way of leave under Arti......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Sudangshu Kumar Saha Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....ent for 10 days on 11-6-88. Thereafter an appeal was preferred by the petitioner and the learned Sessions Judge, Dhaka upheld the order of conviction but modified the sentence of imprisonment to a payment of fine of Taka 200.00 only. This fact having come to the knowledge of the authority the pe......llegality in the impugned judgment and order. The petition is also barred by 12 days. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 129 ..Category: Administrative Law | Date: | Hits: 120
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....y instituted TS No. 50 of 1969 for correction of record and got a decree; that in pursuance of the said decree the SA records were corrected in their name and they have been possessing the same on payment of rent; that having come to know on 28-4-85 the conspiracy of the defendants to dispossess......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... a kabala in favour of the defendant in respect of the said property and got it subsequently registered as kabala No. 1382 of 1978. In the recital of the document it was shown that the defendant made payments of Taka 2500.00 as baina and Taka 17,500.00 in full satisfaction of the consideration. In f...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
.... there was no legal necessity for shifting the School in question at Alampur village. The writ-petitioners have not been working at Khudbandi and, as such, the concerned authority has rightly stopped payment of their salaries and disbursement of other Government allowances.
4. In disposing of the...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
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Category: Employment/Service Law | Date: | Hits: 95
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....3 has made special provisions for realisation of the Corporation’s loans from the borrowers in articles 26 and 27, Article 26(1) provides that when a borrower or his surety makes default in repayment etc., the Corporation notwithstanding the provisions of any other law may, without the int......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
.... being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing Estate, Dhaka under a deed of lease No. 8783 dated 15 November 1968 executed by the then Government for a period of 99 years on payment of Taka 9306.00 as salami. Ayesha Bibi was his full sister. They used to live at their pate......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... 4. The case of the plaintiff set out in his plaint was that defendant No. 1 was very affectionate to him. He purchased schedule 1 land in her name by means of a Kabala dated 9 July 1952 on payment of the entire consideration. Similarly, he purchased schedules 2-5 lands from different per...... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
.... land to the petitioners by as many as five registered deeds of sale with separate unregistered agreements for reconveyance undertaking to reconvey the said lands in their favour within 7 years on payment of the consideration by 30th Chaitra of any year. Reconveyance was refused by the petitione......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
.... loan amount can be charged for criminal breach of trust at the instance of the loaner. On behalf of the appellant it was clearly brought to the notice of the High Court Division that refusal for non-payment of loan does not constitute the offence of criminal breach of trust. The learned Judge of th......on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ..Category: Criminal Law | Date: | Hits: 78
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....fs appeal by leave is whether a family court has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High C...... The contentions raised by the appellant fail and accordingly the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 57 ..Category: Family Law | Date: | Hits: 144
Abu Talukder Vs. Bangladesh, 1997, 26 CLC (AD)
....nt No. 9. Mr. Halder submits that imposition of cost against an accused is unusual and unknown to law and may accordingly be remitted. The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This...... The petition is dismissed but the order of payment of cost of Taka 2,500.00 to respondent No. 9 is deleted. Ed. This case is also reported in: 49 DLR (AD) (1997) 56 ..Category: Criminal Law | Date: | Hits: 78
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....g in holding that the lease expired on 1-1-90, which is contrary to section 106 of the Transfer of Property Act. 5. All the courts below found that the petitioner was a defaulter in payment of rent and therefore the question whether the lease expired on 1-1-90 is not very materia......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....Taka 4,5,81,646.00 and Taka 32,22,646.50 along with expenses being the claim of Bangladesh Krishi Bank. The General Certification Officer, Comilla issued notices in the certificate cases demanding payment of the aforesaid sum of money from respondent No.1 within 30 days from the date of receipt ......ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ..Category: Business or Commercial Law | Date: | Hits: 150
Meghna Petroleum Limited Vs. Commissioner of Taxes (East Zone) Dhaka, 1998, 27 CLC (AD)
.... In the Kerala case the assessee was obliged to pay certain amounts of its profits to the Government under an agreement. The question which fell for consideration of the High Court was whether the payment of the amounts to the Government is a diversion of profits by title paramount and whether t...... forthwith to the High Court Division for taking necessary steps in accordance with the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 165. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Rafique (Md) Vs. Syed Morshed Hossain and another, 1998, 27 CLC (AD)
....n rightly quashed the proceeding. We find no merit in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 163. ......lleging, inter alia, that for business purpose he lent Taka 5,50,000.00 in 1986 to respondent No. 1. He got back Taka 1,02,628.00 on different dates from him. On 9-6-1989 respondent No. 1 issued a cheque for the remaining amount of Taka 4,47,372.00 in his favour which was dishonoured for want of..Category: Criminal Law | Date: | Hits: 88
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