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New Dhamai Tea Estate Limited Vs. Arjun Kurmi, being dead his heirs: Chenia Kurmi and others, 1982, 11 CLC (AD)

....ated or a mere license has been granted, the respondents' exclusive possession strongly pointed in favour of tenancy. A fact of exclusive possession was established, accord­ing to him, by the payment of rent by the respondents' predecessor to the appellant and also by the absence of exer......without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 157. ..

Category: Property Law | Date: 6 Aug, 1982 | Hits: 3

Sufia Khatun & others Vs. Ijsharani Karmakar & others, 1982, 11 CLC (HCD)

.... the plaintiffs right, title and interest to 2/3rd share of schedule Kha and Ga land and ordered that they were entitled under section 4 of the Partition Act to repurchase the remain­ing share on payment of Tk. 1,000/- by 13-8-73 in default their claim under section 4 of the Partition Act would ......nd any substance in this appeal. I uphold the judgment and decree of the court of appeal below and dismiss the appeal with costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 30. ..

Category: Property Law | Date: 1 Jul, 1982 | Hits: 2

Bangladesh House Building Fin¬ance Corporation Vs. Bangladesh House Building Finance Corporation, 1982, 11 CLC (HCD)

....e a lessee is already put in possession of certain premises in part performance of an unregistered lease, the lessor can enforce the term of the lease entitling him to re-enter if there is default in payment of rent. 12. The respondents have contended that the agreement of lease was neither reg......dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 282.         ..

Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2

M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)

.... the defendants from dealing with (it) in any manner including the sale of the vessel, the defendants appeared and after furnishing Bank guarantee for satisfying any claim un­der final decree for payment has now filed this petition for rejection of the plaint with malafide motive and to make thi......ertified copy of the plaint is to be kept in the record. The Bank guarantee in this suit is extended upto 15th July, 1982. Ed. This Case is also reported in: 35 DLR (AD) (1983) 188. ..

Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400

United Planters And Traders Limited And Another Vs. Md. Mosharraf Hossain Knan & Others, 182, 11 CLC (HCD)

....Advocates of the parties and by Mr. Rafiq-ul Huq who appeared as amicus Curiae. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 345; 3 BLD (HCD) (1983)149     ......d. the General powers of Attorney executed by respondent No. 1 in favor of MA. Muktadir were cancelled and withdrawn. MA. Muktadir failed to pay respondent No. 1 an amount of Tk. 2737/07 paisa as his cheque dated 234-80 for the said amount was dishonoured on 2-6-1980. By a separate resolution on 9-3..

Category: Company Law | Date: 28 May, 1982 | Hits: 3

Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)

....cutor Mohendra transferred bulk of the properties. She asserted that she purchased R.S. plot No.382 of schedule (B) in mortgage execution sale. She has been possessing the same since such purchase on payment of re­venue to the Government by raising construc­tion and making improvement thereo...... regard to the facts and cir­cumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40.   ..

Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1

Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

....t defendant Nos.1 and 2 would pay at the rate of £ 100/- per package and hence it revised its claim and reduced the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos.1 and 2 avoided payment in spite of sev­eral reminders and intimate4 on 7th April, 1980 that the claim was refer...... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

....t defendant Nos.1 and 2 would pay at the rate of £100/- per package and hence it revised its claim and reduced the same to Taka 86,998/25 and sent it on 18-1-80. Defendants Nos. 1 and 2 avoided payment in spite of several reminders and intimate 4 on 7th April, 1980 that the claim was referred ...... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3.       ..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....y of arrears of rent, revenue or other public demands. (b) The said demised lands or any part thereof which may at any time be re­quired for a public purpose may be acquired by Govt. without payment of any compensation whatever on a pro­portionate reduction being made in the rent payabl......the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....recovery of arrears of rent, revenue or other public demands. (b) The said demised lands or any part thereof which may at any time be required for public purpose may be acquired by Govt. without payment of any compensation whatever on a proportionate reduction being made in the rant payable her......nces of the ease, we direct that the contesting respondent No. 2 do pay colt to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 161. ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....hall he placed at the bottom at 1958 recruits. Rule 5 says that upon the grant of two years antedated seniority to a freedom fighter, his pay shall be refuted having regard to such seniority, without payment of any arrear pay whatsoever. From the consideration of the aforesaid relevant provisions of...... transmitted to the appellate Division of this Court alongwith the certificate for leave to appeal. Ed.  This Case is also Reported in: 34 DLR (HCD) (1982) 77, 1 BLD (HCD) (1981) 493 ..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Hasina Begum & others Vs. Haji Md. Ekramullah & others, 1981, 10 CLC (HCD)

....icultural Tenancy Act and or under section 106 of the Transfer of Property Act. 5. Mr. Khondker Mahbubuddin Ahmed, he learned Advocate for the appellant, has contended that as time for payment of the mortgage debt expired in 1945 and defendant No.1 inducted by the mortgagee thereafter...... view of the above the appeal is dismissed with costs. The judgment and decree of Courts below are hereby affirmed. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)116   ..

Category: Property Law, Tenancy Law | Date: 7 Dec, 1981 | Hits: 10

Aftabuddin Miah Vs. Kudrat Ali Miah & ors, 1981, 10 CLC (HCD)

....onsideration of Tk. 1000/- by a registered deed, dated 20.10.58 and on the same day an agreement was entered into between the said transferee and the transferor for reconveyance of the said land on repayment of the consideration money Within the stipulated period. Plaintiffs father Samiruddin Mia di...... the facts and circumstances of the case there shall be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 51         ..

Category: Property Law | Date: 7 Dec, 1981 | Hits: 2

Syed Abdul Aziz Vs.Bangladesh Agricultural Development Corporation and others, 1981, 10 CLC (HCD)

....astage during transit and dis­tribution. The respondents alleged that the petitioner received the full quantity of oil as mentioned in the invoice or the bill issued by the oil companies and that payment for the oil was made on the basis of this receipt of the oil as stated in the invoice or the...... ob­servation this rule is discharged. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 54. ..

Category: Administrative Law, Constitutional Law | Date: 18 Nov, 1981 | Hits: 2

Bazlur Rahman Bhuiyan Vs. Bangladesh Shipping Corporation, 1981, 10 CLC (AD)

....s not wide enough to vary the terms of a contract without assigning good reasons for the variation. Specific performance-Variation of contract Variation made in the decree as to the mode of payment--Defendant not setting up a case for variation of the contract--Variation by the court fully......time stipulated in the contract the suit shall be dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 443;34 DLR (AD) (1982) 42.       ..

Category: Company Law, Contract Law, Procedural Law | Date: 12 Nov, 1981 | Hits: 0

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..../-, in default, to suffer rigor­ous imprisonment for 15 days more. Let the records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 75.     ......esolution of the Kushtia District Peace Committee opening the Account of the said Committee. He has proved the signature of the accused marked 'Z' for identification in the said resolution. A cheque marked Ext. 6 was presented to the Bank under joint signatures of the accused as Chairman, Di..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Archana Proshad Nandi Vs. Miss Chilia Ran­dolph and others, 1981, 10 CLC (AD)

.... and for her minor daughter Chilia Randolph and the defendant 3 the step-son of defendant 1 signed the contract on his own behalf. This contract contained schedule of land to be sold and recital of payment of Tk. 2.000/- and the signatures of defendant 1 and 3 and the signatures of 4 witnesses. ......t of the full purchase money, and the judgment of the Courts below are set aside without any order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 106.   ..

Category: Contract Law | Date: 28 Oct, 1981 | Hits: 234

Bengal Water Ways Ltd & Another

....estment Corporation (PICIC). The creditor Shilpa Rin Sangstha filed an application for winding up the company, as it become unable to pay the debt but it was ultimately compromised on an assurance of payment of monthly instalments, which were however not fully paid. In the circumstances, respondent ......Ways Ltd. being Matter No. 9 of 1975. The said application was rejected by the learned Company Judge against which Respondent No. 1 preferred the said Appeal No. 8 of 1977. 4. The case has got a chequered history. Case of respondent No. 1 Rahim uddin Ahmed, is that his elder brother Alauddin Ah..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ে ফেরৎ কবলা দলিল রেজিষ্ট্রি করিয়া দিব”।.........(4) In the instant case the general expression with regard to the time for payment of consideration for the reconveyance, within 4 (four) years, 'appears to be in conflict......ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Pubali Bank Vs. Bangladesh Agricultural Development Corporation and another, 1981, 10 CLC (HCD)

....refusing to comply contending that the contract failed due to circumstances beyond the seller's control--Whether bank liable to encash the guarantee. The bank has agreed to make an unconditional payment on demand without any further question and without reference to the contractor. The words &q...... the case parties are made to bear their own casts in this appeal. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 104, 2 BLD (HCD) (1982) 17.       ..

Category: Banking Law | Date: 30 Jun, 1981 | Hits: 2