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Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

....er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ......al arises out of an order passed by the learned Subordinate Judge directing attachment of four Trawlers. 2. Facts, in brief, leading to this appeal are that the plaintiff respondent instituted a money suit in the 3rd court of Subordinate Judge, Chittagong for recovery of Tk. 38, 75,000/- agains..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ...... warrant shall be deemed to be a decree, and the Collector to be the decree-holder, within the meaning of the Code of Civil Procedure, 1908, and the nearest Civil Court by which any decree for a like amount could be executed shall, for the purpose of the said Code, be deemed to be the Court which pa......expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

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

....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. ...... of the Senior Advocate has gone against him. It is therefore, ordered that the orders of the Courts below are set aside on condition of the defendant petitioner's paying to the opposite party an amount of Tk. 400/- irrespective of the result of the suit. As noted earlier the said amount has bee......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)

....specifically and unambiguously refers to two taxes, ''Property Tax and Buildings Tax" leaving no room for doubt whether these two taxes include anything else, such as rates. 33. The whole argument of Mr. Asrarul Hossain that Buildings Tax includes the light­ing and conservancy ......e of buildings and lands subject to the rules made in this behalf, the  tax  maybe levied at a rate not exceeding twelve end half per cent of the annual value of buildings and Lads: and the amount less than  a rupee may be round off to a rupee:    Provided that wh......ncial Govern­ment may notwithstanding any law relating to the funds vesting in  such municipality or any  other law for the time being  in force,  direct any bank in which any moneys of the munici­pality are deposited or the person in charge of the Government treasury or ..

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

Rokeya Begum Vs. Shafiqur Rahman & State, 1981, 10 CLC (HCD)

...., below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......, below is directed to proceed with the cases in accordance with law. In the result the Rules are made, absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 82   ......Mahal. Tongir Haor under Derai police station was taken on Bhag settlement from Bhati Beel Motshajibi Samaboy Samity for the years 1385 and 1386 B.S. by them. They invest­ed a considerable sum of money in the said Fishery, engaged guards, erected Khana Ghar and constructed Ghati Band for catchin..

Category: Criminal Law | Date: 4 Mar, 1981 | Hits: 1

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

....lve the constitutionality of not only Section 9(2) of the Act, but even the entire Act itself from which it may not be separated, submis­sions were made on each section of the enact­ment, the whole Act is quoted below ACT NO. XII OF 1974 An Act to consolidate and amend the law rela......rit Petition No. 571 of 1979 was passed. It. was, therefore, claimed that the impugned notification issued on June 5, 1980 was issued for achieving collateral purposes and the order contained therein amounted to compulsory retirement. 8. Besides stating these facts, the appellant also mentioned......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)

....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   ......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   ...... scope of an application for restitution is much wider than that application for execution in that the Court, on an application for restitution may allow, besides restoration of a property, refund of money, pay­ment of compensation, damage and, mesne profits, whereas the executing Court will onl..

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

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

....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   ....... The finding of S. C. Court is sub­stance has established that respondents succeed­ed in proving the relationship of landlord and tenant. But the S. C. Court proceeded to exam­ine the paramount title of the respondents and held that the decree for specific performance was fraudulently 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)

....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.   ......he lawful authority of the Bangladesh Chemical Industries Corporation being statutory Corporation to dismiss the present petitioner from his service on account of certain financial irregularities not amounting to constitute any offence under any penal law of the State. In this connection it may be m......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)

....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 ......ed by negotiation with the lessors. The lessee chose to take recourse to the extraordinary power of the government to requisition the property. We are constrained to take the view that there was some amount of high-handedness in making the order of re­quisition, and the order of requisition is a......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

Mosammat Nurunnahar Begum & another Vs. Abdul Jabbar Mondal & others, 1980, 9 CLC (HCD)

.... compensation. 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) 56       ......rded these documents, the cheques and the counter-foils, on the ground that it was quite uncommon that consideration of a kabala is paid is installments and that there is no evidence to show that the amounts of the cheques were paid to Israil Hossain, The learned District Judge has not at all consid......7 only from Dr. Nurul Huq Mondal and his brother Nurul Momin Mondal and thereafter he obtained a certified copy of the kabala and filed the application for pre-emption on deposit of the consideration money and compensation.3. The application was contested by O.P. No. 2 Nurunnahar Banu and O.P. No. 3..

Category: Property Law | Date: 26 Aug, 1980 | Hits: 2

Messrs Ahmed & Sons Vs. Messrs Eastern Technique & others, 1980, 9 CLC (HCD)

....ing of this suit. In order to attach the property before judgment u/s 38 rule 5 C.P.C. there must be some material facts and specific allegations against the defdt No.1 that he is going to dispose of whole or any part of his properties to frustrate the execution of decree that may be passed which ar......dure. 2. Plaintiff filed Money Suit No. 23 of 1980 for recovery of certain sum of money and made the following prayer: "for a decree against the defendant No.1 for realisation of money amounting to Tk. 327 02 361/61 (Taka three crore twenty seven lac two thousand and three hundred six...... the plaintiff's prayer for attach­ment before judgment under Order 38, rule 5 of the Code of Civil Procedure. 2. Plaintiff filed Money Suit No. 23 of 1980 for recovery of certain sum of money and made the following prayer: "for a decree against the defendant No.1 for realisat..

Category: Civil Law, Corporate Law | Date: 6 Aug, 1980 | Hits: 1

Nurul Islam & others Vs. Md. Abdur Rashid, 1980, 9 CLC (HCD)

....ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ......y its pecuniary limits, Section 6 reads as follows:- "Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any Court jurisdiction over suits the amount or value of the subject mat­ter of which exceeds the pecuniary limits (if any) of its ord......ed order calls for no inter­ference by this Court. The rule is accordingly discharged with­out any order as to cost. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 25. ..

Category: Civil Law, Procedural Law | Date: 6 Aug, 1980 | Hits: 1

Commissioner of Income Tax, Chttagong Zone Vs. M/S K. Raman & Co. Ltd, 1980, 9 CLC (HCD)

....ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ......ammad Husain J. - This is an application at the instance of the Commissioner of taxes, Chittagong Zone under Section 66 of the Income Tax Act for the decision of this Court on the question whether an amount received on account of the termination of a con­tract for sole distributorship for sale o......ncome Tax Act. The question raised in this application having been answered in the affir­mative, this application is rejected. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 55 ..

Category: Fiscal/Taxation Law | Date: 22 Jul, 1980 | Hits: 2

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

....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 ......ellip;…….Respondent Judgment July 15, 1980 Result: The appeal is dismissed. Small Causes Courts Act (IX of 1887), Section 17(1) Proviso Deposit of decretal amount or furnishing of security with the appli­cation, not mandatory—Application to set a......ion is filed along with the appli­cation for setting aside the ex parte decree and the Court passes necessary orders on the application directing the applicant either to deposit the decre­tal money or furnish security bond, and the appli­cant complies with the direction within the time g..

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

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

....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:   ...... 2. The matter arises out of a suit for specific performance of contract and the facts are that the High Court passed an ex parte decree 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 dis......ar­ned Single Judge of the High Court Divi­sion correctly held that the executing Court can go behind the decree to see whether the extension of time granted to deposit the balance consideration money for the pas­sing of a decree for specific performance of contract where there was an earlier..

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

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.   ......appeal is directed against the judgment and decree dated 30.11.65 of the learned Subordinate Judge, 1st Court, Chittagong in Money Suit No. 34 of 1959 of his Court whereby he decreed the suit for the amount claimed in the suit and costs. 2. The plaintiff's case was that in September, 1958 t......aintiff was entitled to get the decree which the learned Subordinate judge has passed. 6. Now we will come to the question whether there was any legal impediment for the plaintiff to recover the money or, as argued by the learned Advocate for the defendant as to whether the contract was frustra..

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

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

....alled for the learned Judges to devote their attention for the canons of con­struction and interpretation when they them­selves have found the "broad unanimity" is "to take the whole statute together and construe the said provision as a part of the said statute". The lear......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 re­ceived by t...... respondent No. 1 pur­chased the land from respondent No. 3 with an agreement to recovery of said land. The agree­ment is date 26-4-63 which stipulated that the land will be reconveyed if the money is repaid within 19 years. The respondent No.3 made an application under section 95(4) and (5)..

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

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

....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     ......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     ......i-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 deposit, etc. on account of an alleged breach of contract by the petitioners with th..

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

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.   ......vision Bench, which on consideration of sev­eral other decisions held that payment of four months' rent namely, Agrahayan, Pous, Magh and Falgoon of which receipt was granted for three months amounted to default. The learned Judges of the High Court Division, however, did not consider the ot......g month on which the rent falls due, and if the landlord refuses to accept the rent tendered by the tenant, the tenant must remit the rent within the aforesaid fifteenth day of the following month by money order. If the rent remitted by money order is refused, the tenant can deposit the rent with th..

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