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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....Chief Estate Officer in his letter to the Secretary of the Unnayan Parishad communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Unnayan Parishad on payment of Taka 35,000.00 per acre, the total amount being Taka 4,20,000.00. Accordingly the plaint......wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ..Category: Administrative Law | Date: | Hits: 130
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
.... of the High Court Division issued Rule Nisi in the writ petition on 7-7-97 and passed an interim order directing the respondents of the writ petition to release the imported vehicles on receiving payment of duties and taxes on the invoice value without supplementary duties and development surch......pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ..Category: Criminal Law | Date: | Hits: 119
Cantonment Board Dhaka and another Vs. Sayeda Rahat Ara Quamrun Nahar and another, 1998, 27 CLC (AD)
....90 but transferred it to Sayeda Rahat Ara Quamrun Nahar who prayed mutation of her name in all records of the Cantonment Board. The said Board, without allowing the prayer made a request to her for payment of Taka 6,99,899.00 to DGFI for maintenance costs of the house during its occupation. She ......sion. This petition is otherwise barred by limitation. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 124. ..Category: Property Law | Date: | Hits: 74
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
....e, for the purpose of this Ordinance…………………………(12) The rent admittedly sent by money order for the month of March and April 1986 together so the defendant clearly defaulted payment for the month of March ’86 being not paid as contemplated within first week of the followi...... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ..Category: Tenancy Law | Date: | Hits: 93
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....nt Nos. 1 and 2 brought the suit for ejectment of the petitioner, a tenant of a shop room forming a part of a three-storied commercial building at Islampur Road, Dhaka on the ground of default in payment of rents. The petitioner contested the suit on the plea that he had purchased 3 annas 17 Ga......ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ..Category: Property Law | Date: | Hits: 69
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
.... of the Ordinance is essential for the application of the section 12 thereof. He submits that there is further error apparent on the face of the record is not considering that the period required for payment/deposit of the compensation money under section 10 is to be calculated from the date of the ......in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106...Category: Property Law | Date: | Hits: 89
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....the suit of the appellant in full for an amount of Taka 2,35,17.569.00 being the price of 4231 master cartons of damaged shrimps and prawns with Costs against respondent Nos. 1-2 and also directed payment of interest on the decretal sum in terms of section 47B of the Insurance Act, 1938. ......e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ..Category: Business or Commercial Law | Date: | Hits: 147
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....the plaintiff, that the defendants failed to substantiate their claim of auction purchase and also possession in the disputed land and that the plaintiff has been in possession of the said land on payment of rent. 5. The contesting defendants took an appeal being Title Appeal No. 30 of 1......ts. We find no reason to interfere judgment of the High Court Division. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 95. ..Category: Property Law | Date: | Hits: 49
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....i then transferred the suit land by 3 registered kabalas to the contesting defendants and since purchase, they have been possessing the suit land by mutating their names in the relevant record and on payment of rent to the Government. 4. On consideration of the testimonies of 4 PWs and 5 DW5 an......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ..Category: Property Law | Date: | Hits: 74
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....n the plaint that possession was delivered after the first agreement. The lower appellate Court wrongly held that, “Paragraphs 4 and 5 of the plaint contradicts about the delivery of possession and payment of consideration of Taka 1500.00” What has been stated in the plaint and adduced in eviden......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ..Category: Property Law | Date: | Hits: 86
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ka 7,86,28,200.35. Defendant- Respondent No. 1, a private construction company, started business with the plaintiff from September, 1988 by making purchases of its steel and iron products on deferred payment basis and by 1994 Taka 24,77,58,181.71 became due from respondent No. 1 and respondent No. 2...... 19,88,42,860.00 leaving an outstanding of Taka 4,79,15,321.71 for which demand was made from time to time. 3. The plaintiff’s case is that on 12-2-95, respondent No. 1 issued an account payee cheque for Taka 1,00,000.00 in part payment of the outstanding dues but the cheque was dishonored on..Category: Procedural Law | Date: | Hits: 134
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ..Category: Property Law | Date: | Hits: 88
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
.... by issuing certificate. Plaintiffs sent those bills to the defendant No.4. On the request of defendant Nos.2 and 3 the plaintiff also supplied stationery amounting to US $ 134.00. Plaintiff demanded payment of the bills for the aforesaid goods supplied by him from the defendants who in spite of pro......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
.... objection filed by the plaintiffs against recording of the land in the name of the defendants in the S.A Khatian on the ground that the defendants were in possession. Some rent receipts showing payment of rent by the defendants have been filed along with these documents before the Assistant Se......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....the letter dated 19.01.1989 raised objection to the refixation of the salami amount. Thereafter, the Company was directed to pay additional amount of Tk. 2,79,312/-. The appellant while preparing for payment of the said additional amount of salami the Ministry of Land cancelled the lease earlier mad......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....ers. 16. The Court of Appeal below also held that Exts. (4) & (5) the rent receipts showing Ramkumar as tenant for the year 1288 and 1289 Moghal Era are forged and fabricated and that non payment of the rent by the plaintiffs predecessor or plaintiffs did not extinguish their right in th......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....the National Board of Revenue is pleased to direct that such of the goods specified in the Schedule as are temporarily imported into Bangladesh with a view to subsequent re-exportation be exempt from payment of whole of customs duty and sales tax payable thereon under the said Act and ordinance, sub......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....what else remains for the defendants to stick to their claim? 9. It has been emphasized on behalf of the defendant respondents that record of rights standing in their names and subsequent payment of rent exclude the possibility of existence of any right or title of the plaintiff res......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
.....11.1968 from the Government, and constructed a pucca residential building on taking loan from the House Building Finance Corporation; that it was redeemed on 24.4.81 after his return from Karachi on payment of the balance debt to the H.B.F.C.; that the plaintiff with the members of his family had b......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nder for selling the goods "as is where is" basis and the plaintiff submitted the tender accepting the said condition and ought to have lifted the goods within the stipulated period on payment of balance money arid the plaintiff having not clone so in fact violated the condition ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
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