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Khorshed Alam @ Shah Alam Vs. Amir Sultan Ali Hyder and another, 1984, 13 CLC (AD)
....ar who was married in 1939 to Amir Ali. Be it noted that Zohura who reared up Khorshed Alam was married in 1935 and died in 1966. It appears that Amir Ali filed a money suit being M.S. 33 of 1965 for realisation of rent of tk. 900/- being the arrears of rent from 1962 to 1965. This suit was filed o...... the appeal is allowed and all the Judgments and orders of the Court below are hereby set aside and the suit is dismissed. No costs. Ed. This Caes is also Reported in: 38 DLR (AD) (1986) 133. ..Category: Family Law | Date: | Hits: 239
Hajee Abdus Sattar Vs. Mahiuddin & others, 1986, 15 CLC (AD)
....this suit, held over possession as tenants but they defaulted in payment of rent. The appellant therefore filed the suit namely O.C. Suit No 886 of 1973, in the First Court of Munsif, Noakhali, for realisation of arrears of rent from January 1972 to October 1973 at the rate of Rs. 45/- per month a......s reprehensible, calling for costs of the appeal, but since he got two judgments in his favour, we refrain from awarding any cost against him. Ed.This Caes is also Reported in: 38 DLR (AD) (1986) 97..Category: Property Law | Date: | Hits: 37
Bangladesh Shilpa Bank Vs. Bangladesh Hotels Ltd., 1986, 15 CLC (AD)
....n 13th July 1974 appellant Bank filed Miscellaneous Case No. 88 of 1974 under Article 33 of the Shilpa Bank Order, 1972 (President’s Order No. 129 of 1972) in the Court of District Judge, Dhaka for realisation of its dues amounting to Tk. 1,31,15,907 38 as on 31-3-74. On 18th September 1976 the af...... miscellaneous case and the title suit should be heard together. The learned Counsel further submitted that the subject matter of the Miscellaneous Case and the Title Suit may have arisen on the same loan but they are different since the suit is for having a full and true account of the money advanc..Category: Banking Law | Date: | Hits: 121
Md. Muslim Khan Vs. The State, 1986, 15 CLC (AD)
..../1963-64 of the Court of Certificate Officer, Chandpur. One Hare Krishna Das was the Certificate debtor in that Certificate case and his land measuring one acre was directed to be sold in auction for realisation of some government dues. On 12-3-1964 a public auction was held for the purpose and thre...... result, both the appeals are dismissed. Accused-appellants who are now on bail are directed to surrender to their bail bonds at once. Ed. This Case is also Reported in: 38 DLR (AD) (1986) 60...Category: Criminal Law | Date: | Hits: 69
Birendra Chandra Saha Vs. Sashi Mohan Saha and others, 1975, 4 CLC (AD)
....0/- as rent for one month in advance to the plaintiff in Ashar, 1359 B.S. and thereafter did not pay any further rent to the plaintiff who, accordingly, was forced to file a Money Suit in 1953 for realisation of rent from the defendants in the Court of a Munsif at Narayanganj. In the said s......e judgment of the High Court is set aside. The case is sent back on remand for disposal of the appeal in the light of what have been stated above. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Bangladesh Enemy Property Management Board and ors. Vs. Md. Abdul Majid, 1975, 4 CLC (AD)
....view of what have been stated above, the appeal is allowed and the judgment and order passed by the learned Judges of the High Court Division are set aside. There will be no order as to costs. Ed. ....... M. A. Majid, Deputy Magistrate and Deputy Collector, purporting to act as Administrator, reopened the factory on 24-11-69, By a resolution of the Board of Directors dated 26-12-69, the respondent's loan of Taka 23,000/-was paid by allotting to him 230 shares of Taka 100/- each and subsequently in ..Category: Property Law | Date: | Hits: 125
Bangladesh Bank Vs. Debendra Nath Dutta, 1981, 10 CLC (AD)
....view of the above, the appeal is allowed, the decision of the Appellate Beach is set aside and that of the company Judge restored. However, there will be no order as to costs. Ed. ......khali Bank Limited (in liquidation), before the erstwhile High Court of East Pakistan. The allegations against him were as follows: (i) That the respondent by withholding the relevant loan ledgers and loan documents allowed the loans amounting to Rs. 34,980/79 (thirty four thousand..Category: Business or Commercial Law | Date: | Hits: 101
Md. Mafizuddin Patwari Vs. Abdul Hakim Miazi , 1978, 7 CLC (AD)
....ous separation made in the Sheresta of the Ex-Zaminder was noticed. It was noticed ''The R.C.O. ignoring the previous jama made records in amalgamation. This has created difficulties for realisation of Govt. revenue. And as such the separation is allowed as suggested and proposed by the......t had been acted upon. In the result, therefore this appeal is allowed and the petition for pre-emption is dismissed with costs. Ed. This Case is also Reported in: 33 DLR (AD) 305. ..Category: Property Law | Date: | Hits: 48
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
....and 5 which provide prompt relief in a summary manner and that the restriction on transfer of their property imposed by Ss. 4 and 6 was not necessary, particularly for an indefinite period for the realisation of its objective. The Ordinance was meant for a temporary period, upto December, 1964. ......cultural Development Corporation or to a Co-operative Society or to such other organisation as may be notified by the Provincial Government in this, behalf in the Official Gazette for obtaining loans for agricultural purpose." Comparative study of section 4 (origina..Category: Property Law | Date: | Hits: 75
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ......t of guarantee against it; (ii) expenditure for which no previous sanction exists in the budget; (iii) levy of taxes, duties, cesses of fees; (iv) floatation of loan; (v) re-appropriation between major heads within budget grants; (vi) alter..Category: Others | Date: | Hits: 116
Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)
....the alternative prayed for khas possession if he be found out of possession. In his evidence the plaintiff stated that the property (schedule ‘B’) "is still in my possession and on realisation of rents". By the decree plaintiff's possession in the 'A' and ‘B’ sch......not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 448
Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)
....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......ent to Tk. 2,40,65,816/40 at the conversion rate prevailing on 31-12-80 and that respondent No. 2 might be allowed to enforce the securities as provided in law and realise its dues against the loan given to the appellant company. Leave was granted to the appellants to examine th..Category: Business or Commercial Law | Date: | Hits: 110
James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)
....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......quot; used in the second part of the definition of 'worker' or 'workman’ and section 43 of the I.R.O. Observed as follows. "As section 34 does not include any reference loan industrial dispute, it cannot, therefore, be said to have prescribed the manner of ..Category: Labour and Industrial Law | Date: | Hits: 91
Bangladesh Vs. Naziruddin Ahmed, 1973, 2 CLC (AD)
.... held under the orders" of the Government but eventually, after the Screening Committee submitted its finding, took recourse to sub-clause (b) which did not contemplate an enquiry, upon a belated realisation that by reason of inefficiency having ceased to be a ground for enquiry under the said......f the High Court are reversed. The plaintiff's suit is dismissed. In the circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 94. ..Category: Administrative Law | Date: | Hits: 106
Sirajul Islam Vs. State, 1973, 2 CLC (AD)
....ourt and acquit the appellant. M. R. Khan, J.—I agree. Sajjad Ahmed Jan, J.—I agree. Wahiduddin Ahmed J.—I agree. Ed. This Case is also Reported in: 25 CLC (SC) (1973) 73. ...... Thereafter the learned Judges reached the following conclusion:— "In fact, we find that the evidence on record makes it very doubtful whether a sum of Rs. 1,300/- actually represented a loan given to the late Mr. Rahman Ghani or whether it was not the balance due in respect of the unp..Category: Anti-Corruption Laws | Date: | Hits: 142
Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)
....ed the 12th August, 1966 in Appeal from original decree No. 216 of 1959). Judgement Abdus Sattar J.—This appeal by special leave, at the instance of the plaintiff, arises out of a suit for realisation of a sum of Rs. 62,265/- and odd on the basis of an equitable mortgage on deposit of tit......ment and decree of the High Court are set aside and these of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ..Category: Banking Law | Date: | Hits: 230
The Advocate-General, Govt. of East Pak, Dacca Vs. Benoy Bhusan Majumdar & ors, 1973, 2 CLC (AD)
....ground that they were not 'foreigners' within the meaning of section 2(a) of the Foreigners Act. We, accordingly, dismiss the appeal. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 9. ......ell any of their properties before their departure for India, that they returned home from India within 1 or 1 ½ months after their departure and that after their return they repaid the agricultural loan which they had earlier taken. This witness further stated that the Boards slip permitting the r..Category: Criminal Law | Date: | Hits: 59
M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......ated 23-5-2000 filed by the petitioners under Order 21 Rule 13 of the Code of Civil Procedure for setting aside the auction sale. 2. The respondent-Bank sanctioned Commercial House Building loan of Tk.7,50,000/- on 12-11-1984 in favour of the petitioners for the construction of first and ..Category: Banking Law | Date: | Hits: 112
Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)
....in the proceeding within the meaning of section 34 of the Arbitration Act. 12. In the case of Halcyon Steamship Co. inc. Vs. Prov. of E. Pak 26 DLR (SC) 7 the plaintiff instituted suit for realisation of Rs. 90,204/- as compensation for loss it sustained owing to damage caused to a part ...... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ..Category: Business or Commercial Law | Date: | Hits: 94
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ......o 20-8-1982 which was charged under rate ‘B’ instead of rate ‘C’. Cinema Halls have been categorised as service industry by Shilpa Rin Sangstha from where the plaintiff took loan for ping up of the Cinema Hall. 3. The defendants contested the sui..Category: Fiscal/Taxation Law | Date: | Hits: 122
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