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Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)

....The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179.     ...... and after further enquiry may by an order determine the amount of costs that the tenant is entitled to recover from the landlord and the tenant may thereupon deduct the amount so determined from the rent or otherwise recover from the landlord…………….(17) Claims..

Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1

Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)

....lish the existence of tenants in those holding covered by the counter foils. Government has not adduced any evidence, not to speak of bringing those tenants to prove the contrary, Moreover, it is not expected that each and every tenant will put the signature in the counter foils. From the very look ......right to file this Arbitration Case, wherein they have claimed land value at the rate of Taka 3 lac per acre, annual crop compensation at the rate Tk. 2500/-for 50 acres of land, income towards house rent at the rate of Tk. 180/- per month for 10 years on 14 acres of land, over and above the claim f..

Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2

Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)

....e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15.       ......ered into an agreement with defendant No. 4 for sub-letting the land. According to the Agreement between them made on 23. 5. 69, defendant No. 4 paid to defendant No.1 an amount of Rs. 1, 10.000/- as rent in advance for the proposed sub-lease and also agreed to pay yearly rent to defendant No.1 at t..

Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10

Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)

....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......e as "Jote Afiabuddin Sarkar, occupant Faizuddin Haji by purchase at Rs. 50/-"; in the column of the tenancy it has been described as the right of a settled raiyat and in the column of 'rent' a remark has been recorded to the effect "fit for rent but no tran­saction"...

Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113

Abdus Saleque Vs. Secretary, Establishment Di¬vision, Government of the People's Republic of Bangladesh and others, 1977, 6 CLC (HCD)

....de absolute without any order as to costs. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 295       ...... order of forfeiture was passed with lawful authority and in accordance with law. In the further affidavit by the petitioner it is stated that the house stood in the name of his wife and she realised rent etc. In Title Suit No. 244 of 1973 in the Court of Subordinate Judge, 1st Court, Dacca it was d..

Category: Property Law | Date: 27 Jul, 1977 | Hits: 2

Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)

....oth parties to the marriage that the son-in-law is to receive a suitable maintenance from the same source from which the damsel is to be supported i.e. her father's estate of which she or the son expected to be begotten on her by the Gharjamai, is to become the heir. It should be specially notic......ght of residence in the father's family as daughter than as the wife of the domesticated son-in-law on the basis of contract with her father and his son-in-law (her husband) pro-defdt No.3 as apparent from the evidence of P. W. 1 to 4. In Hindu Law by Gopal Chandra Sarkar, Sastri, 6th edition at..

Category: Property Law | Date: 8 Jul, 1977 | Hits: 2

Md. Sharifullah Vs. Election Tribunal Munsif Court Rajshahi and another, 1977, 6 CLC (HCD)

....ance about the rulings of this Court, and begged to be excused. On perusal of the explanations we do not consider that any action need be taken. However, we observe that as judicial Officers they are expected to keep themselves abreast with the current rulings of the Superior Courts of the country. ...... to be excused. On perusal of the explanations we do not consider that any action need be taken. However, we observe that as judicial Officers they are expected to keep themselves abreast with the current rulings of the Superior Courts of the country. 6. Only question for our consideration in t..

Category: Administrative Law, Election Law | Date: 28 Jun, 1977 | Hits: 5

Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)

....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... a habitual defaulter. The determination of the points involved the consideration of the agreement between the parties dated May 1, 1973 which showed that the appellant took the premises at a monthly rent of Tk. 1600/-paying an advance of Tk. 19.200/- which was adjustable in two years in monthly ins..

Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60

Khulna Shipyard Employees Union Vs. General Manager, Khulna Shipyard and two others, 1977, 6 CLC (HCD)

....sult, the rule is discharged without any order as to costs. Abdul Matin Khan Chowdhry J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 368.     ......s rule are that the Government of Bangladesh (Respondent No.3) in the Ministry of Industries issued the Notification dated 19.12.73 as mentioned above fixing wages and fringe benefits including house rent allowance, medical allowances, leave etc. of workers of the state owned manufacturing industrie..

Category: Labour and Industrial Law | Date: 17 Jun, 1977 | Hits: 1

Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)

....ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407.     ......n the jot and consequently the sister of Imaruddin had no interest in the jot. Kasimuddin's widow never, settled the suit land by executing any patta in favor of Ayenuddin nor did she realize any rent therefrom. The defendants were allegedly in possession of the suit land and Ayenuddin or his su..

Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2

Pakistan River Steamers Ltd. Vs. Commissioner of Income-tax, Dacca Zone and another, 1977, 6 CLC (AD)

.... writ under the Constitution was not maintain­able. The result, therefore, is that the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 260. ...... Com­missioner to be a non-resident Company, the loss accrued in India in earlier years would not be set off against Pakistani income for the assessment year 1949-50, and that through mistake apparent from the record the loan accrued in India in earlier years was set off against the Pakistani in..

Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173

M/s. Free School Street Property Ltd. Dacca Vs. Bangladesh and another, 1977, 6 CLC (HCD)

....e absolute. The petitioner is entitled to costs of this application which is assessed at 35 G. Ms. M. H. Rahman J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 1. ......h April, 1948, and that the said Bank conveyed the said property to the petitioner. Since then the petitioner had been in ownership thereof after mutating its name with the lesser landlord and paying rent for the lease-hold interest in the land and municipal and other taxes levied on the holding. Mu..

Category: Corporate Law | Date: 3 Feb, 1977 | Hits: 3

M/s. Farmers & Co. Vs. Govt. of Bangladesh and another, 1977, 6 CLC (AD)

....Title Suit No.104 of 1969 and also the judgment and order of the High Court Division are set side and the suit restored to file. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 123. ......e or non-existence of large scale farming was a disputed question of fact. Section 20(4) of the Act may here be quoted: "20. (4) Notwithstanding anything con­tained in sub-section (2) a rent-receiver, a cultivating raiyat or a cultivating under-raiyat or a group of rent-receiver, culti..

Category: Property Law | Date: 20 Jan, 1977 | Hits: 62

Shaw and Co., Lakshmi Shaha Road, Chittagong Vs. The Province of East (Now the People's Re¬public of Bangladesh) and Others, 1976, 5 CLC (HCD)

....ault, the decree will be executable after serving proper notice on the Government. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 355.   ......lly Province of Bengal, then it was substituted by the Province of East Bengal and flow it is Bangladesh. The other defendants numbering 5 were officers serving in the then Province of Bengal in different capacities. 2. The case of the plaintiffs in brief was that it was a registered firm and h..

Category: Civil Law, Others | Date: 24 Aug, 1976 | Hits: 3

Md. Nazimuddin Vs. The State, 1976, 5 CLC (HCD)

....irul Islam Chowdhury J.—I agree Abdul Wadud Chowdhury J.—I agree. Abdul Momith Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 49. ......h on consideration of the Emended section 30 and other relevant sections of the Special Powers Act 1974 could not agree with the view taken in the said judgment and thus having taken a different view on the question of maintainability of the appeal, made this reference. 8. The questio..

Category: Criminal Law | Date: 29 Jul, 1976 | Hits: 2

Karnaphuli Rayon and Chemical Ltd. Vs. Collector of Central Excise & Land Customs, East Zone, Chitttagong & another, 1975, 4 CLC (AD)

.... constitution. In the result, there being no substance in the appeal it is dismissed without any order as to costs. Ed. This Case is also Reported in: 28 DLR (AD) (1976) 72. ......imited is a newly estab­lished company. They have invented a packing material from bamboo pulp which they have named as 'Dilphane' the first three letters being the abbreviation of the name of the parent organisation of the company, namely, Dawood Industries Limited. The appellant received a notice..

Category: Fiscal/Taxation Law | Date: 20 Nov, 1975 | Hits: 149

Md. Shahabuddin Vs. Board of Trustees of the Dacca Improvement Trust represented by the Chairman, D.I.T., D.I.T. Buildings, Dacca, 1975, 4 CLC (HCD)

....gly, made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J.-I agree Ed. This Case is also Reported in: 27 DLR (1975)(HCD) 649       ......s been allotted to Mrs. Rekana Begum, 13. Shamsabad Lane, Dacca on 27. 3. 73 for its conversion into a shop room. The said allottee has deposited security money of Tk. 639/00 (equivalent to one years rent) and first estimated amount of Tk. 5624/00 and thereafter revised estimated amount of Tk. 1394/..

Category: Administrative Law | Date: 28 Aug, 1975 | Hits: 1

Jinnat Ali Muktear Vs. Abdul Majid, 1975, 4 CLC (HCD)

....leave in a time barred appeal, yet the Division Bench considering the appeal may in its discretion reject the cause shown as insufficient and dismiss the appeal as time barred. Can any Court  be expected to consciously ignore such an eventuality and still entertain a prayer for leave in a time ......or reasons stated above, I find that this application: is not maintainable and is accordingly rejected. Ed.   This Case is also Reported in: 27 DLR (HCD) (1975) 655.   ..

Category: Limitation Law | Date: 24 Jul, 1975 | Hits: 2

M/s. Friends Corporation Dacca Vs. Commissioner of Income Tax, 1975, 4 CLC (HCD)

....de by him, he must communicate to the assessee the substance of the information so proposed to be utilized to such an extent as to put the assessee in possession of full particulars of the case he is expected to meet, and should further give him ample opportunity to meet it, if possible.” ......d is a pure question of fact and cannot be the subject matter for reference under section 66. We have carefully gone through the decisions but it appears that the questions were raised in a different form and in different context in those cases, unlike as raised in the instant case. In this cas..

Category: Fiscal/Taxation Law | Date: 7 Jul, 1975 | Hits: 2

Abdul Awal and ors Vs. Mofasiluddin Ahmed and others, 1975 4 CLC (HCD) Section 80, the Code of Civil Procedure, 1908

....informed of the appointment of the plaintiff as a Programme Officer and the plaintiff did not take any step as a Programme Officer it cannot be reasonably maintained that the defendant contractor was expected to visualize that the plaintiff would be visiting the construction site after the College h......rrived at without regard to the question of the amount of future earnings, and solely on the basis of what life was going to be worth to a healthy young woman, earning her own living with dependent parents and with some prospects of marriage.” 54. We are now to consider whether the damage..

Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5