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..... 138 of 1978
Judgment
Abdur Rahman Chowdhury J. - This application under Article 102 of the Constitution arises out of an order passed by the Second Labour Court, Dacca directing payment of subsistence allowance to the petitioner during his period of suspension.
We have hea......facts and circumstances of the case there will be no order as to costs.
A.T.M. Afzal J. - I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 338.
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Category: Labour and Industrial Law | Date: 22 Feb, 1979 | Hits: 1
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... was transferred from Dinajpur to Rangpurra 1968 and thereafter to Kushtia in 1970. While he was leaving Rangpur on transfer fee informed Mr. M. A. Taher, his successor .In office about the aforesaid payment of TK. 10.990/- to the wife of Mr. Lutfur Rahman paid out of the fund of the Board and told ......s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
....a one crore by the end of 1973. The Company became unable to pay this debt whereupon this Creditor filed an application for winding up the Company but it was ultimately compromised on an assurance of payment of monthly installments which were however not paid, in these circumstances the appellant ha...... amount. Be that as it may, this incident followed by the filing of the T.S. No. 112 of 1973 only proves deep-rooted distrust between the bothers. Another proof of this distrust is the fact that bank cheques of the Company's accounts are to be signed by the Managing Director above, and in his ab..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....was further alleged that the petitioners on 16-6-76 took Tk. 15,000/-and again on 20-6-76 took Tk 3,000/-with the promise that they would deliver the goods shortly bat on 6-11-77 they denied any such payment. 3. On receipt of the complaint, the learned Sub-Divisional Magistrate examined the com...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... own conduct, from claiming redemption of the suit property. It was considered that as the rent suit related to arrear rent of a period prior to the mortgage the mortgagee was not responsible for the payment of that arrear rent, and the subsequent acquisition of the property by the heirs of mortgage...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
.... time before the service of summons. There is a clear distinction between the wording used in the two sections 6(2) and 8B(3) Court Fees Act and as such dismissal of a suit for nonpayment of Court fees cannot be equated with the rejection of the plaint and one cannot be, read to ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....eal is dismissed. Whether Dakhilas Be An Evidence of Hostile Possession— The dakhilas (Ext.D) cannot be held to be an evidence of hostile possession and ouster of a co-sharer. By mere payment of rent of a land a co-sharer cannot exclude another co-sharer's title to it…. Th......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ntiff never possessed the land by their borgadars, that during the revisional settlement operation the suit land had been recorded in the names of defendants 3, 4 and 5 and they possessed the same on payment of money rent, and that the suit was barred by limitation. 4. The learned Munsif dismis......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....venient to follow the nomenclature used in the document itself and in the pleadings and judgments in the Courts below, is not a mortgage in any proper sense of this word. It is not a security for the payment of any money or for the performance of any engagement, No accounts were to be rendered or re......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Abdul Hannan Sikder and another Vs. Bangladesh Bank & others, 1978, 7 CLC (AD)
....iting to the Governor, and in case of breach of his sub-regulation, he shall be liable to pay to the Bank as compensation a sum equal, to his substantive pay for the said period of notice. Such, payment of compensation may, however, be waived by the officer-in-charge or the Governor, as the cas......ns we do not find any substance in the contention. Therefore, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 298. ..Category: Employment/Service Law | Date: 28 Feb, 1978 | Hits: 168
....s that the Hydrant Sprinkler Plant is subject to Sales Tax as it has bees imported by a licensed manufacturer. According to Mr. Mozammel Haque Bhuiyan, the learned Advocate what are exempted from the payment of Sales Tax are given under Section4 and he has referred to Clause (b) of Section ......ayed for certificate to appeal to the Appellate Division which is refused.
Abdul Momith Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 226.
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Category: Fiscal/Taxation Law | Date: 17 Feb, 1978 | Hits: 2
Farid Ahmed Vs. The Govt of Bangladesh & others, 1978, 7 CLC (HCD)
....ct to the following proviso, “Provided that no order confiscating goods of greater value, or enhancing any fine in lieu of, confiscation, or imposing or enhancing any penalty, or requiring payment of any duty not levied or short-levied shall be passed unless the person affected thereby ha...... in accordance with law. In the result the rule is made absolute. No order as to costs. Shahabuddin Ahmed J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 300. ..Category: Fiscal/Taxation Law | Date: 10 Feb, 1978 | Hits: 2
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....Railway Board and the order dated 1-1-73 of the Chief Personnel Officer, Bangladesh Railway, Chittagong creating the petitioner as a fresh appointee with effect from November 30, 1972 and directing repayment/realisation of the alleged over payment to the petitioner from 19-2-73 to 29-11-72 should no...... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
.... filed, and secondly, because the matters in issue between the two suits are altogether different. Mr. Serajuddin Ahmed has submitted that the former suit was a suit for injunction which was filed on payment of court fees of Tk. 25.00 whereas the subsequent suit is a regular title suit filed on paym......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Abu Bakr Siddique Vs. M.V. Aghia Thalassini and others, 1977, 6 CLC (HCD)
....Division, 539 at 545, Lindley L.J. held as follows: “The effect of the reference to the charter party in the bill of lading is to incorporate so much of the charter party as relates to the payment of freight and other conditions to be performed on the delivery of the cargo. But there is n......nature, not affecting the merits or the ultimate results of the suit. The prayer is accordingly refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 94. ..Category: Admiralty Law or Maritime Law, Arbitration Law | Date: 20 Dec, 1977 | Hits: 39
A. K. M. Abdur Rashid and others Vs. The State, 1977, 6 CLC (HCD)
....for one month under each Section and to pay a fine of Rs. 500/- in default to suffer R. I. 15 days more. 4. Under the order dated 2.11.74 of the learned Special Judge sureties were exempted from payment of 3/4lh of the forfeited money but no exemption was allowed in respect of forfeited money o......passed by the learned Special Judge is set aside and the proceeding under Section 514 is dropped and the Rule is made absolute. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 166. ..Category: Criminal Law | Date: 15 Dec, 1977 | Hits: 1
....the matters relating to the trading or the carrying on business with enemy firms. It is rule 182 which deals with enemy properties, but it deals also with matters relating to an enemy firm, viz, payment of money to an enemy firm. The relevant provision of rule 182, as it stood on the promu......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
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Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Burmah Eastern Limited Vs. Assessing Officer, Narayanganj Range and others, 1977, 6 CLC (HCD)
....—For Respondent No.1. Petition No. 222 of 1973. In the matter of: Notice being process No.3823 dated 18.5.73 issued by the Assessing Officer, Narayanganj Range, Narayanganj demanding payment of purported Urban Immoveable Property Taxfor the years 1957-58 to 1972-73. Judgment ......led to costs which is assessed at 20 gold mohars. A.T.M. Afzal J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 86. ..Category: Corporate Law | Date: 1 Sep, 1977 | Hits: 4
Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
.... set off must be legally recoverable from the plaintiff. The sum claimed as set-off which is; barred by limitation or barred under some other law cannot be deemed- to be legally recoverable. The payment of taxes and other dues to the local, authorities, are legally recoverable-and can be claime......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....n contest without costs. The judgment and decree of the learned lower Court be set aside and the suit be seat back on remand for fresh trial in the light of the observation made above on condition of payment of Tk. 500 (Taka five hundred only) by the defendant-appellant to the plaintiff respondent w......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
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