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Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury and others, 1981, 10 CLC (AD)
....be observed that from Falgoon, 1375 B.S. to the filing of the suit, the tenant attempted to deposit rent with the Rent Controller, but it appears that he had deposited rent once for three months at a time by Ext. A, covering Chaitra, Baishak and Jaistha, and then again for two months by Ext. A (3) c......f default as set out in Ramjan Ali's case. Looked at from any standpoint, the defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with cost. Ed. ..Category: Tenancy Law | Date: | Hits: 116
Promode Ranjan Saha and others Vs. Govt. of Bangladesh and another, 1981, 10 CLC (AD)
....isition and Tenancy Act, and so it is directly hit by President's Order No. 90 of 1972, which gives a clear mandate of law that notwithstanding anything contained in any other law for the time being in force, on the commencement of the Order, all suits, appeals, applications ...... President's Order No. 90 of 1972 and accordingly, the appeal and the suit have abated. The appeal is accordingly dismissed it having abated but without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 66
ABM Quabil Ahmed Vs. Bangladesh, 1991, 20 CLC (AD)
.... his judgment dated 29th August, 1990 gave the background of the facts and circumstances in which he delivered his dissenting judgment subsequent to 18th July, 1990: "At about the time of arguments and submissions of both the parties of this Writ Petition on 12th, 16th and 17th......nce of the petitioner that impelled him to file this petition. We find no substance in this petition and it is, accordingly, dismissed. Stay granted by this Court earlier is vacated. Ed. ..Category: Procedural Law | Date: | Hits: 128
Tobarak Ullah Vs. Rani Gupta@ Sree Sriti Rani Gupta @ Stiti Rani Gupta & another, 1990, 19 CLC (AD)
.... Mr. MA Matin, learned counsel for the respondent, has produced kabala of the year 1969 which shows a much low price of land Of the adjoining area in that period. Obviously, the price of land at that time was much lower than that at the present time. However, it is not disputed that the earnest mone......ka 30,000.00 (thirty thousand only), to the appellant within 2 (two) months from date, failing which it will bear interest @ Tk. 15%. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 100. ..Category: Property Law | Date: | Hits: 64
Mst. Qaiser Khatoon and 12 others Vs. Mvi. Abdul Khaliq and others, 1973, 2 CLC (AD)
....l Committee of the Amir of Bahawalpur on the 25th of June, 1949, with a court fee of Rs. 50/- along with an application under section 149 of the Code of Civil Procedure of that State for extension of time for putting in the balance court-fee of Rs. 1,045/-. The memorandum of appeal also had a note a......ing his report a final decree for possession will have to be drawn up. Since success is divided each party will bear his own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 104. ..Category: Civil Law | Date: | Hits: 117
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
....f East Pakistan. 2. The circumstances giving rise to the suit may be summarized as follows: The plaintiff Mr. Naziruddin Ahmed was a member of the East Pakistan Civil Service (Executive). At the time of the Revolution of 1958 he was employed as an Officer on Special Duty in the Home Department ......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Bangladesh Vs. Abdul Wadud and ors., 1973, 2 CLC (AD)
....The suit was filed against the erstwhile Province of East Pakistan as defendant No. 1 and five others who are Government servants. 4. The defendants entered appearance on 11.11.64 and prayed for time to file written statement. Thereafter on 27.3.65 the defendants filed a petition for time to fi......s remanded to the trial Court for disposal in accordance with law. In the circumstances of the case there will be no order as to cost. Ed. This Case is also Reported: 25 DLR (SC) (1973) 90. ..Category: Others | Date: | Hits: 103
Khulna Newsprint Mills Ltd. Vs. Khulna Newsprint Employees Union, 1973, 2 CLC (AD)
....tificate on Termination of Service" which was referred to by Mr. Humayun Kabir Chowdhury in support of his contention, merely says that a permanent workman is entitled to a service certificate at the time of his dismissal, discharge or retirement from service. It does not put any restriction on ......t without cause assigned the master may dispense with the services of the servant with notice or on payment of salary in lieu of notice. The servant may equally exercise the power relinquishing his appointment on similar terms .................................. The principle that where pun..Category: Labour and Industrial Law | Date: | Hits: 107
Karachi Stock Exchange Vs. Kurban Ali M. Merchant and others, 1973, 2 CLC (AD)
..... Purviz Merwanji Dalai, described as proprietor of a firm of stock brokers, for the recovery of Rs. 45,500, due in relation to certain transaction of sale and delivery of bonus vouchers. At the same time as the suit was filed, an application was made for an order to restrain the defendant from real...... the present case, created by rule 3(iv) of Forward Contracts Rules of the Exchange, viz. that it amounts to a 'floating security'. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 82. ..Category: Business or Commercial Law | Date: | Hits: 74
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....nt of Manpower and Employment Exchange (Labour Division), Ministry of Health and Social Welfare, Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that time, Hamid Hussain was the cashier in that office. On the said date, the cash balance, according to......ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ..Category: Anti-Corruption Laws | Date: | Hits: 142
Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)
....rting with the case, I would like to record that when this appeal was called, neither the appellant, who is on bail, nor his counsel was present. I proceeded with the hearing after waiting for some time, with the assistance of the learned counsel for the State. The learned counsel for the appella......ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ..Category: Criminal Law | Date: | Hits: 78
Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)
....he had been alive. 24. The cause of action given to the dependants mentioned in the said Act is a statutory right and is totally different from the cause of action vested in the deceased at the time of his death. The Act does not transfer to the said dependents the right of action which the pe...... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ..Category: Others | Date: | Hits: 124
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....pal Act that a purchaser in a sale held under section 525 of the Act for realization of municipal tax purchases the property free from all encumbrances. If there is a valid mortgage subsisting at the time of the sale the purchaser purchases the property subject to that mortgage and the right of the ......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)
....e date of selection for the purpose of training and not from the date of training. The entire batch of trainees selected after one competitive examination will be deemed to have been appointed at one time to take their training regardless of fact whether they take it together or separately in differ......arisen in the following circumstances:— The appellant competed in the clerical services competitive examination held by the department in November, 1942, and was placed on the waiting list for appointment as a first division clerk. An offer for appointment was made to him on the 22nd Septembe..Category: Employment/Service Law | Date: | Hits: 103
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....the defence that due to communal disturbances in certain places in East Pakistan in the year 1964, they temporarily took shelter in India, but came back to their house in East Pakistan within a short time when conditions became normal. In other words, their defence was that they availed of the Migra......ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ..Category: Criminal Law | Date: | Hits: 59
Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)
.... same was allowed. The impugned order of the successor Deputy Settlement Commissioner dated the 13th of August, 1960 was set aside and the entire bungalow was transferred to the appellant. 7. This time the respondents felt aggrieved and they applied to the Chief Settlement Commissioner in secon......ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ..Category: Property Law | Date: | Hits: 61
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....Order 9 Rule 13 for setting aside aforesaid ex-parte decree but the said Miscellaneous Case was summarily rejected. Since the defendant-petitioners failed to pay the decretal amount in the specified time, final decree was passed on 21-3-1992 and the plaintiff-respondent-Bank filed Title Execution......dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....aised the plea that the appellant is liable to deposit an amount of D.M. 25,000/- as security before commencement of the arbitration proceeding as Bangladesh Shilpa Rin Sangstha (BSRS), in the meantime, invoked the performance guarantee; the respondent Nos.1 and 2 subsequently also expressed the......l clear that what was decided in the said decision is that if a party to a arbitration agreement files suit and simultaneously files interlocutory application such as for interim injunction or for appointment of receiver for protection either of the property or interest of the parties, in that e..Category: Business or Commercial Law | Date: | Hits: 94
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....that while in possession, defendant No.1 who was in urgent need for going to Calcutta sold the suit land to the appellant for Taka 5001.00 and granted a receipt therefore on 14-2-1949; that at the time of appellant’s purchase there was three huts on the suit land which were in possession o......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....t Board, Dhaka and the same does not reflect any decision of the Government or of the defendant not to trust the plaintiff as a commercial establishment and the same having been filed for the first time before the High Court Division, the learned Single Judge of the High Court Division acted wro...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
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