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Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

.... be paid within 7 days of the next following month. The opposite party started business of workshop for repairing Baby taxies, etc. in the suit premises. The opposite party is a habitual defaulter in payment of rent and through neglects and latches, he paid rent up to March, 1983 and thereafter defa......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....ct, 1974 (Act No. XXX of 1974), shortly the Act, as unconstitutional and (b) the constitution of the Fourth Wage Board and the interim award dated 30.12.90 given by the Fourth Wage Board in so far as payment of dearness allowance, gratuity and income-tax is concerned, in Writ Petition No. 383 of 199......rsonal interest in the subject ­matter. We, therefore, find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991)126. ..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

....ased on the evidence of both the parties. The learned trial Court found that necessary ingredients to the contract for sale of the suit land are lacking in the suit. On the point of place of contract payment of the consideration money and the delivery of possession of the cultivable portion of the l......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

....ent of the Jalmahal by the petitioner and directed that the said Jalmahal should be put on auction. As the petitioner had taken delivery of possession of the fishery in question (Annexure ‘D’) on payment of initial payment of rent of Tk. 18,750.00 on 13.2.89 as per Duplicate Carbon Receipt (Anne......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)

....he Coal Controller that opposite party No. 1, namely Ventura Industries Limited did not fulfil the condition of the contract in the nature of supply of coal and, as such, the Coal Controller demanded payment of damages which the supplier failed to comply with and thereupon the Coal Controller demand...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..

Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5

Mirza Ali Ashraf Vs. State, 1991, 20 CLC (HCD)

.... located in erstwhile East Pakistan, the Government of Germany converted the loan into grant. The said Bank has been renamed as Bangladesh Shilpa Bank after liberation of Bangladesh. The Company made payment of Tk. 21,69,125.36 against the foreign currency loan against Tk. 15,29,566.60 advanced by t......ossession of the Mill of the Company and compelled the petitioner to write some letters and to sign an agreement dated 13.10.86 admitting liability of Tk. 142,97,000/00 and obtained some post‑dated cheques and a pay order by coercive method and undue influence for unlocking the Mill. The Company f..

Category: Banking Law | Date: 3 Feb, 1991 | Hits: 184

Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)

....inuous possession in the disputed land. On the death of Abdur Rahim Sarker plaintiffs Nos.1‑10 and plaintiff No.11 have been possessing the same by cultivating Boro paddy and also rearing fishes on payment of rent to the ex‑landlord. But during the Rent Roll operation the disputed land was recor......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..

Category: Property Law | Date: 30 Jan, 1991 | Hits: 2

Agrani Bank Vs. Bangladesh Tyres Ltd and others, 1990, 19 CLC (AD)

....the claims made by the bank vide Annexure 'A' and 'C' series to the petition for winding up. There is no finding either by the learned Company judge or by the appellate Court that any payment was ever made by the Company in liquidation of its debts to the appellant bank. No credibili......learned Company Judge. In the result, therefore, the appeal is allowed without any order as to cost. The impugned judgment is set aside and the order of the learned Company Judge restored. Ed. ..

Category: Business or Commercial Law | Date: 29 Aug, 1990 | Hits: 122

Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)

....13. The learned Subordinate Judge held that there was no evidence of any joint fund and no witness has testified to the same. The plaintiff has made out a third case in his evidence in respect of the payment of consideration money, because there is no paper to show that there was ever any accounting...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..

Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121

Keramat Ali Bhuiyan Vs. Ramizuddin Ahmed Bhuiyan, 1990, 19 CLC (AD)

....r, inter alia, on the ground of limitation. 2. The teamed Subordinate Judge by order dated 18.7.84 allowed the Misc. Case No. 937 of 1981 and restored the suit to its file and number subject to payment of a compensatory cost of Tk. 300.00 by the respondent to the petitioner. This order has bee......earned advocate of the parties about the receiving back of the record and the next date fixed. The petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 58. ..

Category: Procedural Law | Date: 8 Aug, 1990 | Hits: 108

Bangladesh Parjatan Corporation Vs. Shahid Hossain Bhuiyan (Md) & others, 1990, 19 CLC (AD)

....s. Clause (i) for sub‑rule (2) provides for termination by 30 days' notice on either side, clause (iv) of sub‑rule (2) provides for termination by the Corporation by 30 days' notice or by payment of 30 days' pay in lieu thereof. The impugned orders of termination are found to have be...... In the result, all the appeals are allowed without, however, any cost, and the impugned order of the High Court Division is set aside. Ed. This Case is also Reported in: 43 DLR (AD) 154. ..

Category: Employment/Service Law | Date: 8 Aug, 1990 | Hits: 101

Official Liquidator, East Bengal Commercial Bank Ltd. Vs. Mrs. Jahura Khatun & others, 1990, 19 CLC (HCD)

....erty covered by holding No. 5 Machua Bazar. It is also stated that after purchasing the above property the defendant No. 3 has mutated his name in the Revenue office as well as in the Municipality on payment of taxes and rents. Since purchase the defendant No. 3 has been in continuous possession and......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 558. ..

Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158

Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)

....gapara estate. Thereafter all the transfers by Giribala's successors were made without the consent of the Dangapara landlord. The plaintiff-respondent's stories of gift, sale, inheritance and payment of rent and municipal taxes were all denied and the papers were alleged to be forged. The ap......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55.   ..

Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115

Shahabullah (Md) Vs. The State, 1990, 19 CLC (AD)

....s supplied. After paying Tk. 200/‑ for three months for July, August and September, 1979 the supplier decided not to pay any more bribe. In the month of October, 1979 when the appellant pressed for payment PW 1 made a complaint to PW 2 Mr. Abdullah Chowdhury, an officer of the Bureau of Anti‑Cor......o interfere in the matter. The appeal is dismissed. Let the appellant surrender to his bail bond and serve out his sentence. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 1. ..

Category: Anti-Corruption Laws | Date: 13 Jun, 1990 | Hits: 119

Abdul Mannan and others Vs. Akram Ali and others, 1990, 19 CLC (AD)

....ts filed Title Suit No.27 of 1981 in the Court of Subordinate Judge, Sylhet for declaration of their title to the suit land on the basis of settlement from the landlords, by continuous possession and payment of rent. Defendants’ respondents challenged the settlement. The trial Court found that......reasonable. The Registrar is directed to put up the matter to the Chief Justice for necessary order as to transfer of the case. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 129. ..

Category: Procedural Law | Date: 6 Jun, 1990 | Hits: 107

Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)

....mganj and the Managing Director's residence at Eskaton were ransacked and looted by miscreants, in the course of which, all valuable documents including the Instrument of Transfer and Receipt for payment of the consideration money, were lost. The respondent, taking advantage of loss of the docum......onsideration money. Appellant said he paid the consideration money to his brother, but when asked whether the paid the consideration involving a huge of amount of money - Tk. 4.45 lac - in cash or in cheque, be said he could not remember. He also could not say from where the collected the money, whe..

Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296

Aga Kohinoor Alam Vs. State and another, 1990, 19 CLC (HCD)

.... said to be without any basis nor the said proceeding can be held to be liable to be quashed. The Rule is accordingly discharged. Ed. This Case is also Reported in: 43 DLR (1991) 95. ...... that in case, the sale document cannot be executed and registered, he would refund Taka 14 lakhs instead of Taka 12 lakhs and that he did not fulfill the said agreement and contrarily issued a false cheque for Taka 2 lakhs which was dishonoured. Even if, following the FIR that there were alleg..

Category: Criminal Law | Date: 13 May, 1990 | Hits: 73

Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)

....ayable by the landlord which would be adjusted against the rent payable to the landlord. The landlord filed the suit for realisation of rent from the tenant after making some adjustment on account of payment of revenue. The defendant contested that suit and pleaded that he paid the revenue. He filed......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21.   ..

Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1

Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)

....e (2)(1) (a) (i) merely indicates the heads in respect of which account has to be taken, but with regard to the question of rate of interest Order 34,rule 11 is a self contained rule which deals with payment of interest in a mortgage suit under a circumstance. Order 34, rule 11 leaves it to the disc...... discretion in refusing the in­terest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..

Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79

M/s. Rising Sun Traders Ltd. Vs. Chittagong Port Authority and another, 1990, 19 CLC (HCD)

....tter dated 6.5.1986 to the Chief Engineer in his capacity as Engineer‑in‑Charge Ext. 9(Z) 37 shows that the contractor objects to the imposition of penalty by the Port Authority and re­quests payment to be made within 26.5.86 and fur­ther writes, "In case we do not receive payment&q...... the impugned Judg­ment of the learned Subordinate Judge is set aside and the award dated 14.12.1986 is made the Rule of the Court. Ed. This Case is also Reported in: 43 DLR (1991) 1. ..

Category: Alternative Dispute Resolution | Date: 28 Mar, 1990 | Hits: 176