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

....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.   ......mp; 23 F.O.B. Contract (Free on board contract)– F.O.B are contracts 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..

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

M/S. Dulichand Omraolal Vs. Bangladesh, 1980, 9 CLC (AD)

..... Pal's contention fails. For these reasons the appeal fails and it is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 1   ......the Appellant M/S. Dulichand Omraolal, facts in brief may be narrated. The Appellant, a part­nership firm, challenged the orders and direc­tions declaring its business and properties as enemy property, and prayed for the sur­render of its management and control to the appellant firm befo..

Category: Civil Law, Others | Date: 18 Jun, 1980 | Hits: 109

Mosharraf Hossain Chowdhury Vs. General Manager, Titas Gas Transmission & Distribution Co. Ltd. & another, 1980, 9 CLC (AD)

....vations, the appeal is dismissed, the judgement and order of the High Court Division is upheld. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 61 ......government under Section 4 of this Order leads to government control over the management and direction of its affairs. Other relevant provisions which went to establish such control over an abandoned property may be seen in Sections 5, 6, 8, 9, 13 and 21 of the Order. 17. Still the question rem..

Category: Constitutional Law, Corporate Law | Date: 12 Jun, 1980 | Hits: 7

Md. Wasiq Khan Vs. Md. Sabiq Khan & others, 1980, 9 CLC (HCD)

.... sub­mission of Mr. M H. Khondker F.M.A. No. 318 of 1979 is dismissed for non-prosecution with­out any order as to costs. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 46. ...... 1 and defendant Nos. 1-3 are sons of whom defendant No.1 the appellant, is the eldest. Plaintiff Nos. 2 & 3 are the daughters, Partible properties left by the deceased are (1)Schdule 'A' property, a town property at 62 R. K. Mission Road, Dacca (2) Schedule 'B' property, also a ..

Category: Property Law | Date: 28 Apr, 1980 | Hits: 3

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

....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 ......was a mere amendment of a grammatical error. Lastly, it was contended that the High Court Division erroneously took the view that President's Order No. 24 of 1973 affected certain vested right to property which is violative of the fundamental right guaranteed by the Constitution. 5. Before ..

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

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

.... 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.   ...... 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

Inu Mia & others Vs. Mokhlesur Rahman & others, 1980, 9 CLC (AD)

....ot choose to file an application for pre-emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre-emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides righ......-emption although he was alive till then. 4. The question raised in this appeal can be answered by applying the test whether the right of pre-emption is a personal right or it is attached to the property under pre-emption. 5. Section 96 provides right of pre-emp­tion to the co-sharers ..

Category: Civil Law, Property Law | Date: 15 Jan, 1980 | Hits: 1

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

....e Easements Act is merely a competence to do something which except for this permission would be unlawful. It does not confer any rights in physical property. There is in the case of a licence only a personal agreement between the licensor and the licence whereby the licensor agrees not to interfere......mes be very thin though there is no doubt as to the principle applicable. A lease, as will appear from section 105 of the Transfer of Property Act, is a transfer of an interest in immovable property. Ownership of physical property consists of a number of right and the owner of such propert..

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

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

.... their evidence in deciding the issue as to genuineness of gift. He has also submitted that the Court below erred in law in holding that section 23(1) of the non-Agricultural Tenancy Act rendered the personal law of Mohammadans and section 129 of the Transfer of Property Act nugatory and ineffec­......e. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. Effective delivery of pos­session of gifted immovable property in occupation of tenant will be occurred by delivery of title deed. The provision of s..

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

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

....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. ......ion Suit Specific Performance of Contract Once there is a legal right, the remedy will be available according to the right. It could not be said that when a transferee is in possession of a property in part performance of the con­tract and that contract has been affirmed by a decree for s..

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

Abdul Hakim Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh, 1979, 8 CLC (HCD)

....t any lawful authority and is of no legal effect. There will be no order as to coats. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (1979) 402   ......c Works & Urban Development, Government of Bangladesh………..Respondents Judgment August 17, 1979. Result: The rule is made absolute. Owner of abandoned property has no legal authority to transfer the property- An abandoned property within the mean..

Category: Abandoned Properties Law | Date: 17 Aug, 1979 | Hits: 127

Sonali Bank Vs. Taxation Officers, Urban Immovable Property Tax, 1979, 8 CLC (HCD)

....ard to the facts and circumstances of the case we make no order as to costs. Abdur Rahman Chowdhury J.-I agree. Ed. This Case is also Reported in: 31 DLR (1979) 414.   ......ax Schedule as framed by the Government under the Ordinance and in force upto 15.11.68 provided, inter alia, that where the Urban Immovable Property Tax was in force, the two taxes together, viz. the property tax and the building tax should not exceed 12 1/2% of the annual value. Equally undisputed ..

Category: Fiscal/Taxation Law | Date: 31 May, 1979 | Hits: 1

M. A. Hai Vs. Trading Corpora¬tion of Bangladesh, 1979, 8 CLC (HCD)

....aw that witnesses should be examined in his presence or that they should be cross-examined by him. For, these are requirements of statutes and not requirements of principles of natural justice. As to personal hearing, it is also not a requirement of the principles of natural justice. The petitioner ......he respondent, the Bangladesh Trading Corporation, briefly, the Corporation, removing the petitioner from his service on the ground of negligence of duty which resulted in theft of the employer's property worth Tk. 83,096,00. 2. The Petitioner was, at the relevant time, Store Officer in-cha..

Category: Administrative Law | Date: 3 Apr, 1979 | Hits: 1

Md. Bokiotullah Vs. Chairman, Council of Cadet Colleges and Secretary Mi¬nistry of Defence, Govt. of Bangladesh, 1979, 8 CLC (HCD)

....h the said charge was enclosed copy of Respondent Nos. 2 letter dated 6th April, 1976 and it was stated therein that the petitioner may be charged on account of admitting sub-caliber students for his personal gain. This was explained as follows:- The Son of Chief Manager, HBFC. Rajshahi, Cadet No. 6....... In the facts and circumstances of the case we pass no order as to costs. Md. Habibur Rahman J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 261   ..

Category: Administrative Law, Employment/Service Law | Date: 28 Mar, 1979 | Hits: 1

Abdus Subhan Contemner Vs. Ayaz Bahadur Khan & others, 1979, 8 CLC (AD)

....of contempt of Court in view of the fact that he is repentant and has tendered unconditional apology he is let off with warning. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 335. ......d the latter constructed the petrol pump and respondent 1 started selling petroleum as a dealer of Daud Petroleum from 1971. In February 1972 the respondent 1 approached the appellant for sale of the property and the latter agreed to purchase the same at a consideration of Tk. 83,000/- out of which ..

Category: Criminal Law | Date: 19 Mar, 1979 | Hits: 103

Secretary, Ministry of Industries, Nationalised Industries Division Vs. Bangladesh Textile Mills Corpo¬ration, 1979, 8 CLC (AD)

.... a direction "to do that which is required by law to do." In the result, therefore, both the petition are dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 91 ...... a direction "to do that which is required by law to do." In the result, therefore, both the petition are dismissed. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 91 ..

Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2

M/S. Elora Industrial Corporation Ltd Vs. ADC, and Land Acquisition Officer, Dacca and others, 1979, 8 CLC (HCD)

....pondents are directed to pay costs of this application which we assessed at taka 1000/- only. A. T. M. Afzal J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 418   ......to requisition the main building of the Nalgola Raj Kuthi having 14 rooms only which were in occupation of one Mr. Abdul Quddus, but the Deputy Commissioner, by the impugned order, requisitioned this property along with a different property, being holding No. 47. Roy Iswar Chandra Shil Bahadur Stree..

Category: Property Law | Date: 18 Jan, 1979 | Hits: 3

Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)

.... since then no General Meeting of the Company was called by the Managing Director who began to run the affairs of the Company himself ignoring the law and the Board of Directors with a view to making personal gain out of the business of the Company at the cost of the Company as well as the appellant......he Company as well as the appellant. No Profit and Loss Account of the Company was audited nor was submitted to the Board of Directors by the Managing Director who treated the Company as his personal property. The Company incurred heavy liabilities on different counts and its debt rose to such an ex..

Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6

Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)

....plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..

Category: Property Law | Date: 26 Jul, 1978 | Hits: 2

Md. Shahjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)

.... 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 ......end to three years, or with fine, or with both, Criminal breach of trust is defined in section 405 of the Penal Code as follows; “405. Whoever, being in any manner entrusted with property, or with any dominion over  property, dishonestly misappropriates or converts to his&q..

Category: Criminal Law | Date: 25 Jul, 1978 | Hits: 1