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Israil Hossain Vs.Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna,Represented by the Managing Director,1993, 22 CLC (HCD)

....nder Order 38 rule 5 CPC for attachment before judgment some property of the defendant, against the claimed amount of the plaintiff in the suit alleging that the defendant in order to avoid payment of the decretal amount, is trying to sell out his properties described in the schedule of th......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 44. ..

Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3

Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)

.... by the plaintiff against the defendants. The defendants, on the other hand, prepared a bill for their salvage charges for an amount of Taka 44,129.80 only and sent the same to the plaintiff claiming payment thereof. However, on the claim and counter claim there were several correspondences made bet......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179     ..

Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2

A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)

....th, the Defendants did not pay any heed to the demands and requests of the Bank to liquidate the outstanding dues; that ultimately, the Bank issued legal notice on the Defendants on 10.4.81 demanding payment of the dues and that the cause of action for the suit arose on 10.6.70 when the Over Draft f......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156   ..

Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3

Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)

.... to Nowab Estate, Dhaka and subsequently was managed by Court of Wards. The opposite party after taking settlement of the suit land from the Chief Manager of Nowab Court of Wards was in possession on payment of Salami and rent. During his peaceful possession as owner, some of the employees of the pe...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134.   ..

Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1

Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)

....red any title in the suit land they would have paid rent for the same to the Government from 1363 BS after the acquisition of rent receiving interest. They utterly failed to make out any such case of payment of rent to the Government. How could the plaintiffs enjoy the suit land from 1363 BS till th......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ..

Category: Property Law | Date: 21 Jun, 1993 | Hits: 6

Moudud Ahmed Vs. Bangladesh Bar Council, Dhaka and others, 1993, 22 CLC (HCD)

....urt Bar Association provides for an appeal by a member who has ceased to be a member by operation of Article 6 of the said Constitution which provided cessation of membership for default of payment of dues. The order impugned in the appeal was not for cessation of membership for default bu......le to the petitioner and that the petitioner is entitled to practise in the Supreme Court as an Advocate. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 71.     ..

Category: Administrative Law, Constitutional Law | Date: 21 Apr, 1993 | Hits: 5

Bangladesh Retired Government Employees Welfare Association, represented by its President Kafiluddin Mahmood and others Vs. Bangladesh, represented by the Secretary to the Ministry of Finance, Finance Division, Government of Bangladesh and another, 1993, 22 CLC (HCD)

.... No. ME (Regn‑1)3P‑28/85/60 dated 10.8.85 as at Annexure‑C to the writ petition which is impugned in this case. In addition to pension certain other benefits such as, commutation of pension and payment of lumpsum‑amount in lieu thereof known as gratuity and of net payment of a lump‑sum amo...... to demand rise, in the rate of pension would mean providing extra benefits to those who are no longer in the employment of the government and as such, to make extra payment to them from the public exchequer will be unconstitutional. In support of his contention he has relied on the following observ..

Category: Administrative Law, Constitutional Law | Date: 1 Mar, 1993 | Hits: 1

Pronab Kumar Chakraborty and others Vs. Government of the People's Republic of Bangladesh and others, 1993, 22 CLC (HCD)

....f Bangladesh Railways in his letter to the Secretary, Jinardi Union Unnayan Parishad, communicated the decision of the Railway Administration to transfer 12 acres of land in favour of the Parishad on payment of Taka 3155,000.00 per acre, the total amount being Taka 4,20,000.00 to be paid through Ban......d executed and registered through Court at his cost. Send down the case record at once. Ed.     This Case is also Reported in: 46 DLR (HCD) (1994) 268   ..

Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2

Kazi Giasuddin and another Vs. First Labour Court, Dhaka & another, 1992, 21 CLC (HCD)

.... between the amount actually paid to such worker and the amount which would have been paid to him had there been no such contravention." Sub‑section (1) of section 9, therefore, prohibits payment of any wages by an employer to a worker below the minimum wages fixed in section 6. Sub­......f 1988, 204 of 1988, 205 of 1988, 206 of 1988, 207 of 1988, 208 of 1988, 1.09 of 1988, 2 10 of 1988 and 211 of 1988. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 359   ..

Category: Labour and Industrial Law | Date: 6 Dec, 1992 | Hits: 3

Meghna Petroleum Limited Vs. Commissioner of Taxes (West Zone) Dhaka, 1992, 21 CLC (HCD)

....ey in the form of one son of income," if even accepted, the same money entered in another passage in another form of income in the hands of the Corporation, the said amount can be taxed twice as payment to the Corporation is its income and the Corporation is a different unit of taxation. As the...... order of stay granted by the court on 29.10.92 is hereby vacated. The parties are to bear their respective costs although. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 260 ..

Category: Fiscal/Taxation Law | Date: 30 Nov, 1992 | Hits: 6

A R Shams ud Doha Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....s the contention of the learned Counsel appearing for the petitioner that the reasons mentioned are absolutely false, baseless, motivated and the allegation that the petitioner with a view to avoid repayment of the loan allegedly taken from Al. Baraka Bank Ltd. was intending to leave the country for......order. In the facts and circumstance of the case there is no order as to cost. Communicate this order at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 405.   ..

Category: Administrative Law, Constitutional Law | Date: 4 Aug, 1992 | Hits: 3

Abdur Rouf Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....ed out to the petitioner by conveyance deed for a period of 99 years measuring 131 sq. yards and transferring the house (one room) built thereon for a consideration of Rs. 2700.00 by hire purchase on payment of balance amount within 15 years and got delivery of possession by two Memoranda, dated 7.8......e illegal and without lawful authority. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 118.   ..

Category: Abandoned Properties Law, Property Law | Date: 3 Aug, 1992 | Hits: 17

Salim Hasan Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....ka Central Jail be set at liberty at once if not wanted in connection with any other case. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 318. ...... Association of the said company being Article 53 which reads that except with the permission of the Bangladesh Bank the company was not competent to accept any deposit and open any account and issue cheque and open LC business of wage earner remittance and the function of the company insofar as it ..

Category: Banking Law | Date: 16 Jul, 1992 | Hits: 187

Ataur Rahman Vs. Bangladesh & others, 1992, 21 CLC (HCD)

....in and the respondent is estopped under the law of promissory estoppel to cancel the petitioner's lease. The petitioner did not violate any of the terms and conditions of the lease deed, that for payment of rent for 1399 BS within period the petitioner tried his best and he is still willing to p......y and of law (1892) 2 QB 147. We find no substance in this application which is summarily rejected. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 307     ..

Category: Administrative Law | Date: 25 May, 1992 | Hits: 2

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....ses was seriously damaged by the devastating flood of September, 1988 and the house was under lock and key of the petitioner since first part of February, 1988 and he was also defaulter in respect of payment of rent since January, 1987 so the petitioner was liable to be evicted from the rented premi......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)

....oners however appeared and prayed for some time for filing written statement to contest the same and meanwhile they paid a sum of Taka 21,00,000.00 to the plaintiff‑opposite party Bank towards re‑payment of the loan money. The Court however fixed 15.3.90 as the date for filing written statement ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168     ..

Category: Contract Law | Date: 5 May, 1992 | Hits: 2

Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Titas Gas Transmission and Distribution Co. Ltd. Dhaka, 1992, 21 CLC (HCD)

.... XI of 1922) Section 10(4)(d) In order to qualify "salary" within the meaning of Explanation‑I of section 10(4) (d) the expenditure must be incurred under any legal obligation, payment must be made in terms of the agreement, the expenditure also must not enter into the computa......h facts and can see how the question has been dealt with by the Tribunal raised before it either by the assessee or the Revenue. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 332 ..

Category: Fiscal/Taxation Law | Date: 23 Apr, 1992 | Hits: 8

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....reafter the petitioner mutated his name in the khatian vide order dated 19.8.72 passed by CO (Rev), Kotwali, Sylhet and he was continuing to be in possession thereof as exclusive owner of the land on payment of rents to the Government and Taxes to the Municipality. He also raised Bank Loan for his b......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Syed Rahmatur Rub Irtiza Ahsan Vs. Government of the People's Republic of Bangladesh and others, 1992, 21 CLC (HCD)

....airman of the Managing Committee of Bangladesh Jatiya Palli Unnayan Samabaya Federation void on the ground that the petitioner was disqualified to contest the election being a defaulter in respect of payment of loan of the society. The petitioner was not a defaulter but he was wrongly described as a......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294       ..

Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....l authority. 5. In the case of Lutfu Hiah Vs. Government of Bangladesh and others, 1981 BLD (AD) 105 it has been held that the right of the party who has got delivery of possession of fishery on payment of the necessary premium cannot be taken away arbitrarily and it has been further observed; ......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3