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M/S Subarna Trading Co. Ltd Vs. M/S Overseas Traders, 1981, 10 CLC (HCD)

....unt has been already set in Court pursuant to a previous order of this Court which may be withdrawn by the plaintiff. 5. The result, therefore, is that this rule is made absolute on condition of payment of Tk. 400/- to plaintiff opposite party which the plaintiff opposite party will be at liber......pt of order of this Court. The hearing of the suit must be fixed after intimation of the arrival of the records to the parties. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 142. ..

Category: Civil Law, Procedural Law | Date: 10 Mar, 1981 | Hits: 1

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

....lected. Section 10 was omitted by East Pakistan Ordinance No. XXIV of 1961. Section 12 was originally enacted as follows: "72. (1). If any municipality makes default in the collection or payment to the Provincial Government of any sum due In respect of the Urban Immovable Property Tax, ......r of the High Court Division is set aside and Writ Petition No. 135 of 1980 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 470 ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....ervice was terminated. Incidentally, in the appointment letter it was stipulated that service may be terminated without assigning any reason by giving notice for a period of not less than 14 days, or payment in lieu thereof. 6. The High Court Division took the view that once he was appointed th......without any order as to costs. The order   of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139.   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....ion of the holding and the same escaped assessment The respondent then received the impugned Notice being process No. 2823 dated 18.5.73, issued by the Assessing Officer, Narayanganj Range, demanding payment of Tk. 80,165/- as Urban Immovable Property Tax for the years 1957-58 to 1971-73. Respondent......eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0

Dr. Nurul Islam Vs. Bangladesh & Others, 1980, 9 CLC (AD)

....all not be entitled to any pension or other retirement benefits, except his subscrip­tions to any provident fund and the interest thereon, till the determination of such pro­ceedings, and the payment to him of any pen­sion or other retirement benefits shall be sub­ject to the finding......ts. The decision of the High Court Division is set aside and the impugned order declared to be of no lawful authority. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 140   ..

Category: Administrative Law, Employment/Service Law | Date: 9 Dec, 1980 | Hits: 6

Shamuj Ali & Others Vs. Kamalar-Ma Bibi & Others, 1980, 9 CLC (AD)

.... would have occupied but for such decree or such part thereof as has been varied or reversed; and for this purpose, the Court may make any orders, including orders for the refund of costs and for the payment of interest, damages com­pensation and mesne profits, which are properly consequential o......preferred from the decree of reversal of the first appellate Court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 131   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 2

Sudhangshu Kumar Chowdhury & Another Vs. Md. Ali Hossain & Others, 1980, 9 CLC (AD)

.... 1966 at the rate of Tk. 17.50 paisa in respect of the suit premises in the Court of House Rent Controller in the name of Custodian, Enemy Property and Shakti Benode and others and thereafter stopped payment of rent to Court also. The plaintiffs served quit notice under section 106 of the Transfer o......e Judge was justified in decreeing the suit. The appeal is therefore dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 128;46 DLR (AD) (1994) 151   ..

Category: Civil Law, Procedural Law | Date: 26 Nov, 1980 | Hits: 1

Md. Hazrat Ali Vs. Chairman, Bagladesh Chemical Industries Corporation & another, 1980, 9 CLC (HCD)

....n 4 charges in the following; (1) The petitioner advanced a loan of Tk. 20,000/00 to M/S. S.A. Shakur and Co. of Natore Road, Rajshahi without authority on 5.3.74. (2) The petitioner made a payment of Tk. 11,500/00 to the President of the Sramik League of Rajshahi Division without authorit......ies Division of the Government of Bangladesh and the Chairman of Bangladesh Chemical Industries Corporation urgently. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 86.   ..

Category: Constitutional Law, Corporate Law | Date: 21 Nov, 1980 | Hits: 2

Mansurul Aziz & Another Vs. Secretary, Ministry Of Land Administration And Land Reforms & Others, 1980, 9 CLC (AD)

....a fide and contending inter alia that the house was requisitioned out of necessity for a public purpose, that is, for pro­viding accommodation to a government office, when the lessors pressed for payment at an exhorbitant rate of rent. 5. The High Court Division dismissed the writ petition ......e and the impugned order of requisition is declared to have been issued without any lawful authority. We make no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 75 ..

Category: Civil Law, Property Law | Date: 6 Nov, 1980 | Hits: 2

Benode Behari Saha Vs. Nitya Gopal Saha, 1980, 9 CLC (AD)

....condition precedent to the making of an application for setting aside the decree that the appli­cant should, at the time of presenting his application, deposit in Court or tender the security for payment of the same; and (iii) Those which lay down that the words are directory to this extent......of section 17 of the Provincial Small" Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 95 ..

Category: Civil Law, Procedural Law | Date: 15 Jul, 1980 | Hits: 1

Hajee Md. Ahsanullah Vs. Arafatunnessa Bibi, 1980, 9 CLC (AD)

.... subject to the plaintiff appellant's depositing in Court an amount of Tk. 350/-as balance consideration money by 24-3-70 failing which the suit shall stand dismiss. The plaintiff did not make the payment by the date fixed and the Munsif by his order dated 6-670 dismissed the suit for default in......he appeal, set aside the order of the High Court Divi­sion and restore that of the first appellate Court but make no order as to costs. Ed. This Case is also Reported in:   ..

Category: Contract Law | Date: 8 Jul, 1980 | Hits: 221

Biimillah Oil Mills Vs. Messrs Arag Limited, 1980, 9 CLC (HCD)

.... where the duty of the seller is to deliver the goods on board ship at his own expense, upon which prima facie the property and the risk passes to the buyer, who is liable for subsequent charges, and payment for the goods become due……….(6) Property in goods passes to the bu......ces of the case we do not make any order as to costs. Abdul Wadud Ghoudhuiy J.—I agree. Ed. This Case is also Reported in: 34 DLR (1982) 134; 1 BLD (HCD)(1981) 138.   ..

Category: Contract Law | Date: 23 Jun, 1980 | Hits: 1

Bangladesh Vs. Haji Abdul Gani Biswas & others, 1980, 9 CLC (AD)

....by any raiyat shall not exceed, by any agreement express or implied, seven years: Provided that any such usufructuary mortgage may be redeemed at any time before the expiry of the said period on payment of an amount which shall bear the same propor­tion to the total consideration money re&s......High Court Divis­ion set aside and remitted back to the High Court Division for disposal. There will be no order as to cost Ed. This Case is also Reported in: 1 BLD (AD) (1981) 8 ..

Category: Civil Law, Property Law | Date: 19 Mar, 1980 | Hits: 5

Lt. Col. (retd) M.A. Mannan & others Vs. Bangladesh, 1980, 9 CLC (HCD)

....irec­torates, autonomous bodies, Corporations and other Government and semi-Government statu­tory organisations numbering in all 44, the notice in question asked the persons concerned to stop payment to the petitioners of any out-statanding bills and to hold up earnest money, security deposi......This Rule is made absolute. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 78     ..

Category: Constitutional Law, Corporate Law | Date: 5 Mar, 1980 | Hits: 2

P.K. Chakraborty Vs. A.P. Chowdhury & Others, 1980, 9 CLC (AD)

....Respondent Judgment February 6, 1980. Result: The appeal is dismissed. Payment of rent in lump does not help the tenant from the mischief of default- A tenant by making payment of rent in lump shall ordinarily be treated as a defaulter in the payment of rent in terms o...... defence of the tenant appellant does not stand. For the reasons stated above the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 19.   ..

Category: Tenancy Law | Date: 6 Feb, 1980 | Hits: 2

James Finlay & Co. Ltd Vs. Chaiman Second Labour Court, 1980, 9 CLC (AD)

.... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ...... accord­ingly and will, abide by the decisions of the Labour Court. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 21     ..

Category: Labour and Industrial Law | Date: 7 Jan, 1980 | Hits: 3

Dhamai Tea Co Ltd. Vs. Arjoon Kumar & another, 1979, 8 CLC (HCD)

....ng pointer to tenancy. The other circumstances and conduct of the parties, as discussed by the appellate Court below, also indicate that the defendant was treated by the plaintiff as a tenant and the payment made by the defendant was treated as rent. Mr. Hafizullah has made no submissions on the app......ffirmed. In the facts and circumstances of the case I make no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 432         ..

Category: Administrative Law, Property Law | Date: 11 Dec, 1979 | Hits: 1

Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)

....ay & Baker and letter from the May & Baker extending the tenancy were handed over to the donors, He also stated that May and Baker made correspondence with the plaintiffs but did not make any payment of rent without any indemnity bond. He further stated that the plaintiffs, however, took all...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34.           ..

Category: Property Law | Date: 23 Aug, 1979 | Hits: 3

Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)

....- on two occasions, and thereafter the learned Judges have discussed all the six defence, witnesses and on a balance of evidence, came to the conclusion that the defendants had not been able to prove payment of only Tk. 5000/- by the plaintiff of-the consideration money. In coming to this conclusion......ave decided the ques­tion on the facts before us. In the result, we dismiss the appeal with­out any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ..

Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236

Kazi Abdul Wahab Vs. Bangladesh, through the Sec¬retary, Ministry of Law and Parliamentary Affairs, Law Division, 1979, 8 CLC (HCD)

....d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ......d order. In the result the rule is discharged without any order as to costs. Rafiqur Rahman J. — I agree, Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 332   ..

Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1