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Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)
....ting aside the award of an Arbitrator for realisation of the sum of Tk. 1, 57,756.25 from the respondent. His case was that he was appointed boat carrying contractor by the Department of Food, Government of East Pakistan for the years 1962-63 and 1963-64 under the terms and conditions as se......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ......igh Court Division is set aside and that of the trial court is restored. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 27. ..Category: Civil Law | Date: | Hits: 111
M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)
....s and interest subsisting in the National Bank of Pakistan within the territory of Bangladesh. 3. After the emergence of Bangladesh as a separate State the appellant company was taken over by the Government under the Acting President's Order No. 1 of 1972. On February 2, 1972 respondent No. 7 wa...... the interest on this amount will be charged, at the rate of 12% from today till realisation. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 1. ......isions of President's Order No. 16 of 1972. He took over the entire stock of jute available in the aforesaid godowns of the appellant's company. As the appellant company did not repay the loan, total dues of the Bank in cash credit account and overdraft account stood at Tk. 3,49,14,738.70 on Novembe..Category: Civil Law | Date: | Hits: 110
Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)
....ll presume that you are no longer interested in the Project and the loan will be withdrawn without further reference to you". 9. Last nail on the coffin of the plaintiff's case was given by the Government itself when the property was released from the list of the abandoned property in favour o...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ...... from this Court for a reasonable amount. In the circumstances a money decree for Tk. one lack fifty thousand is quite reasonable. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 273. ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Kader & ors. Vs. A. K. Noor Mohammad & ors., 1984, 13 CLC (AD)
....Adverse possession The Trial Court as well as the High Court Division found that the plaintiff appellants were aware of the fact that the suit land has been acquisitioned long before by the Government for accommodation of government employees. No paper whatsoever has been produced to show......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ......s. 3-5 and defendant No. 6 is entitled to any relief. The appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 261. ..Category: Property Law | Date: | Hits: 36
Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)
....ion (2) provides for that in some matters Conciliation Court will have no jurisdiction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or Public Organization and clause (d) adds: "cases whi...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ...... below are set aside and that of the trial Court dismissing the suit is restored. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 240. ..Category: Property Law | Date: | Hits: 42
Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)
.... a child by Gouri Dasi but this is not enough to claim title by inheritance. In this view of the matter the rule was discharged. 4. Leave was granted to consider the question that the Government of Bangladesh cannot claim the property without following the procedure in case of ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ......as well as of the trial Court and the lower Appellate Court is set aside and the suit is decreed. No order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 225. ..Category: Property Law | Date: | Hits: 112
Sadullah Pramanik & ors. Vs. Md. Khalilur Rahman & ors., 1984, 13 CLC (AD)
....ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ......nd in borga to Bassarat Akanda. Bassarat Akanda died leaving two sons namely Mofiz Akanda and Mahim Akanda who by inheritance got the land of Khatian No. 123 of Schedule 'Ka' as raiyati tenant at a rental of half of the produce and also possessed the land of Khatian No. 125 of Schedule ‘Kha......ed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 188. ..Category: Property Law | Date: | Hits: 27
Md. Mahmudul Haque @ Muhammadul Haque Vs. Md. Shamsul Alam, 1984, 13 CLC (AD)
.... the appellant on the point of jurisdiction namely, that all action had been taken by the Company from its Chittagong office where registered office is situated and therefore in terms of Government Notification dated 22nd April, 1980 the Labour Court II, Dhaka is the proper court ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ......nsideration. In the result therefore this appeal is allowed. The order of the Courts below are set aside. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 179. ..Category: Labour and Industrial Law | Date: | Hits: 115
Abdul Gafur Khan & others Vs. Government of Bangladesh & others, 1984, 13 CLC (AD)
.... Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Gafur Khan & others……………….....................Appellants Vs. Government of Bangladesh & others............................Respondents Judgment Janu...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 42
M/s. Gannysons Ltd. & another Vs. Sonali Bank & others., 1983, 12 CLC (AD)
....1983. The Bangladesh Abandoned Property (Control, Management & Disposal) Order, 1972 (President's Order No. 16 of 1972), Article 14 Under section 14(1) any property vested in the Government shall be exempted from all legal process including seizure, distress, ejectment, attachm......8 of 1981 pending in the 3rd Court of Subordinate Judge, Dhaka, be struck down. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 146. ......he following findings: "Moreover, the Government in the Ministry of Commerce have by an application dt. 6.8.81 expressed its willingness and readiness to pay off the decretal dues to the decree holder Bank. The Govt. in whom M/S. Gannysons Ltd. and its properties have ve..Category: Property Law | Date: | Hits: 47
Asaduzzaman Vs. Bangladesh, 1983, 12 CLC (AD)
....f allotment was made in respect of the first floor of the premises. The allotment was made in favour of one Dr. Giasuddin Ahmed on December 13, 1973. By their Memo No. 2p-4-240/73 dated 12.5.75 the Government cancelled the order of allotment on the representation by the appellant that he was in po...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ...... The order of abatement is vacated and the suit will now proceed in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 108. ..Category: Property Law | Date: | Hits: 38
Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....hat the petitions were filed by the plaintiff-respondent No. 1 for directing defendant Nos. 6 & 7, that is, Bangladesh Fisheries Development Corporation, Fish Habour Complex, Chittagong and the Government through the Collector of Customs to show cause why they should not be directed to produ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Faiz Ahmed Chowdhury & another Vs. Baktear Ahmed Chowdhury & other, 1984, 13 CLC (AD)
....ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ......ted above the judgment and order of the High Court Division is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 97. ...... 2 properties, did not pay anything to their mother who died in 1978 and realized rents from Performa-defendant Nos. 11-39. His further allegation was that since for non-payment of Government dues, four certificate cases had been started, and the need had arisen to prevent the properties fr..Category: Property Law | Date: | Hits: 45
Md. Matiur Rahman Vs. Asgar Ali & ors., 1984, 13 CLC (AD)
....ere no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the Provincial Government may direct the following particulars:— (a) the serial nu......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ......istrate was correct in passing the order of acquittal. In the result therefore this appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 91. ..Category: Criminal Law | Date: | Hits: 41
Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in-interest of the plaintiffs and accordingly he paid rent for the suit land to the Government. The defendants without having any right, title, interest and possession in the suit lan...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....can be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Civil Procedure Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyond two years under section ......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. ......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. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....dents and the S.D.O. but notwithstanding the said show cause the plaintiff filed the suit for specific performance of contract and recovery of possession against the defendant. 3. The Government of Bangladesh contested the suit contending, inter alia, that the alleged Bainapatra was......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. ......terested but she having not contested the suit, it does not appeal to reason as to why the non-examination of the husband of defendant No. 1 will operate against the plaintiff. Next, electric dues and the municipal taxes, Ext. 3 and 4 series, all show that the taxes were paid in the joint n..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....ords require the land for making pucca construction. Had the land been leased out many other consequences would have followed, such as yearly rent of the land would have been paid by the tenant to Government on state acquisition, his name would have been recorded in Municipal Registrars and......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. ......e word monthly "bhara" was used. The land-lords have been paying Municipal taxes, government taxes and their names have been recorded in all official documents. The tenant never paid such dues not ever made any attempt to mutate his name in khatian Municipal Register. Section 2(5) of t..Category: Property Law | Date: | Hits: 39
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 19......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." ......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." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....rt of Wards (1872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DL......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. ...... quoted with approval the passage from the Calcutta judgment. It was held further: "Where, therefore, under an agreement between the partners the working partner is authorised to recover the dues of the partnership and to spend the money for the business of the partnership, he cannot be sai..Category: Criminal Law | Date: | Hits: 146
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