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Messers United Shipping Corporation Limited Vs. W. H. Bennett and ors., 1984, 13 CLC (AD)
....;Baling, Narayanganj, (1975)27 DLR 170 AD. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ....... Siuli belonging to the plaintiff at Ravena Port in Italy for carrying to Chalna, Bangladesh. Respondent No. 2, the consignee received articles at Chalna where they were delivered during the period December 31, 1979 to January 3, 1980. No complaint was made in respect of delay in disc..Category: Civil Law | Date: | Hits: 95
Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)
....mpugned decision of the High Court Division is set aside and that of the Tribunal is restored No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 163. ......endment in 1973 altogether and now all income from any property, whether a business or not, if held in trust, is totally exempted from income-tax. The assessment in question relates to a period prior to this Amendment and as such the exemption is not available to the respondent in view..Category: Fiscal/Taxation Law | Date: | Hits: 117
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... In the circumstances, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 99, 36 DLR (AD) (1984) 163, 1984 BLD (AD) 283. ......-. The owners filed an appeal First Miscellaneous Appeal No. 242 of 1979—and the learned Single Judge of the High Court Division by the impugned judgment took the average value of land during the period between the year 1961 in which the land was requisitioned, and the 1868 in which the land was..Category: Property Law | Date: | Hits: 42
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ......s a consequence they did not take up the matter before an appropriate forum. Respondent No. 2 cannot, therefore, succeed on the ground of limitation. 14. Mr. Sharif also submitted that the period of two years prescribed by section 8 of the Maritime Convention Act, 1911 within which a pro..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......ama of the disputed holding. As the plaintiff did not claim the rent of the lands in his share the jama was divided. By virtue of his purchase by the kabala and adverse possession for over the period of limitation the mortgage had been extinguished and, therefore, the plaintiff had got ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ......plained of is an order of dismissal and the act is done under the Ordinance. Six months must expire from the date of the order enabling the plaintiff to file a suit challenging such order. As such period did not expire before filing of the case, the suit must fail. Lawyers Involved: ..Category: Employment/Service Law | Date: | Hits: 63
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....eration, of Taka 12,000 and on receipt of the entire consideration money executed a Bainapatra in his favour on 15.1.71 and handed over the possession of the suit property to the plaintiff. It was stipulated that Aziza Bibi would execute the sale deed after obtaining Income Tax Clearance Certi&s......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ......tures were constructed with the tenant's own materials and since the lease Agreement, Ext. B, refers to "lease of the land itself", the tenant was in fact a non-agricultural tenant for a period of over 12 years, and as such he is protected from ejectment under section 7 of the Non-Agri..Category: Property Law | Date: | Hits: 39
Tofazzal Hossain Shaikh Vs. Mir Md. Akand & others, 1984, 13 CLC (AD)
.... it is set aside. The case is remanded back to the High Court Division for disposal in accordance with law. The appeal is allowed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 42. ......67 of the Penal Code and sentenced him to suffer rigorous imprisonment for a period of 3 years and 6 months and to pay a fine of Tk. 500/-, in default, to suffer rigorous imprisonment for further period of 6 months. Respondent Rahim Uddin Sarker, Jamaluddin Sk. and Afazuddin were found guilty un..Category: Anti-Corruption Laws | Date: | Hits: 112
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ......ect. Being aggrieved, the appellant moved this Court and obtained leave to consider whether the service of the appellant who was appointed in the E.P.C.S. (Executive) Class II service for no fixed period of definite duration and having been continuously in the said service for over five years ca..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....g in G.R. Case No. 1308 of 1976 pending in the Court of Sub-Divisional Magistrate, 1st Class, Khulna is hereby quashed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 14. ......ame locality of Noakhali and presently carrying on business in Khulna. 4. The complainant stated in his complaint petition that the accused persons borrowed from time to time between the period 18.1.74 to 1.5.74 a sum of Tk. 25,500/-from the complainant for the purpose of their business..Category: Criminal Law | Date: | Hits: 146
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......gment June 29, 1983. The Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Cod..Category: Civil Law | Date: | Hits: 107
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....ion is that the tenant must first offer the rent to the landlord in time and if the landlord refuses to accept the rent tendered by the tenant, he must remit the rent by postal money order within the stipulated time and only on refusal of the landlord to accept such remittance, the tenant may deposi......t the defendant is a worst defaulter, he did not clear rent in time to the plaintiffs' predecessor and since purchase, in spite of reported request, did not care to pay rent to the plaintiffs for the period from 1. 11.79 to date, that is, 31.8.83; that the plaintiffs are, all businessmen and they ar..Category: Tenancy Law | Date: | Hits: 101
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ...... submitted by the appellants. 13. The appellants further contend that because of the misplacement of the case records the proceeding could not be completed in 6 me and hence the period during which the records were not made available to the Enquiry Officer must be excluded und..Category: Employment/Service Law | Date: | Hits: 125
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ......, is that their predecessors took Settlement of the suit land from Ram Proshad by two registered kabuliyats dated 10th Baisakh 1375 BS Exts. 1 and 1(a), for three years and after the expiry of that period they continued to possess the suit land by paying rents and obtaining dakhilas; that in Kar..Category: Property Law | Date: | Hits: 25
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ......as held that "The section lays stress on satisfying the court that the appellant or applicant had sufficient cause for not preferring the appeal or making the application within the statutory period. It does not say that the only medium through which the Court can be satisfied is by way of ..Category: Procedural Law | Date: | Hits: 104
Saimuddin (Md) alias Saimuddin & others Vs. The State, 1991, 20 CLC (AD)
.... appellants be released on bail to the satisfaction of the Deputy Commissioner, Rajshahi till disposal of the Criminal Appeal No. 173 of 1990 now pending in the High Court Division, Dhaka. Ed. ......e been granted bail by the learned Single Judge of the High Court Division in exercise of judicial discretion. 5. It appears that the sentences of the eight appellants are only for the short period of one year and if they could not be enlarged on bail during this period then in all probabi..Category: Criminal Law | Date: | Hits: 37
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ......and number. 5. In setting aside the Order of restoration the learned Single Judge observed: “It is patent that only ex parte judgments, decrees or orders passed during the period mentioned in article 3, of PO 12 of 1972 came under the mischief of the section. Compromi..Category: Property Law | Date: | Hits: 31
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
....appeal is allowed without any order as to cost and it is hereby declared that the order dated 28.2.85 (Annexure M) has been passed without lawful authority and is of no legal effect. Ed. ......owever, disagreed with the submission and referred to clause 12 of the deed of settlement which provides as follows: " 12. It shall be lawful for the lessor at any time during the period of lease to determine the lease by a written notice in case any fraud on the part of the le..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....e Terms (1940) defines "Howala" thus, "A description of tenure in Eastern Bengal, an intermediate holding of a part of an estate, or of a farm under a Zamindar or Talukdar, to whom a stipulated portion of the rents collected from the Ryots is paid .................Minor divisions ......n one year from 19.5.50. The suit having been filed on 7.9.1962 is clearly barred by limitation. Moreover, Article 120 of the First Schedule to the Limitation Act provides that a suit for which no period of limitation is provided elsewhere in the First Schedule must be instituted within six year..Category: Property Law | Date: | Hits: 28
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