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Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....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. ......) by the defendant-appellant to the plaintiff respondent within 61 days from this date. In default, the appeal will stand dismissed with costs." 4. As Respondents No.1 to 11 did not pay the amount within 60 days from the date of the judgment as directed, the appeal stood dismissed with cos......t the latter expression bears words of finality which do not require any further order from the Court to bring the litigation to a termination. The clear import of such words is that if the amount of money directed to be paid in the said order is paid within the time prescribed, the decree allowing ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ......sp;7(aa) of 15-11-72 showing the final assessment of compensation the respondents have filed the above Arbitration Case No. 1833 alleging amongst others that they moved the Government for higher amount of compensation for land, structure and other acquired properties but the Government did not ......eived Tk. 9657.52 leaving a balance of Tk. 69,648/- which is still to be paid by the Government to the respondents instead of Tk. 54,528/- as found by the learned Arbitrator as balance of the awarded money and the award thus stands modified. 12. The learned Deputy Advocate General next contende..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....is that the contract was made by defendant No.1 when he was not the owner of the land as the lease-deed was not yet executed and registered in his favor by the Military Estate Officer and as such the whole contract was based on mistake of fact; the contract is, therefore, hit by section 20 ...... auction in which defendant No. 1, Ayaz Bahadur Khan, offered the highest bid whereupon it was leased out to him on 12.12.66 for a period of 30 years on a consideration of Rs. 93,000/ out of which an amount of Rs. 23,250/- was paid on that day. But as defendant No.1 could not pay the balance of Rs.6......hen defendant No.2, the Military Estate Officer under defendant No.3 threatened to cancel the lease for non-payment of the arrears of rent defendant No.1 faced difficulties in procuring the necessary money to pay the rent. He approached the plaintiff to help him in the matter. Again, Defendant No.1 ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Md. Ajmal Khan Vs. Chairman, Ctg. Pourashava and others, 1977, 6 CLC (HCD)
....s rule is made absolute with cost which is assessed at 30 gold mohors. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 316. ......he previous year. Notwithstanding such protest the petitioner participated in the bid and he was the highest bidder at Tk.38 lacs. It is stated that the petitioner approached respondent No.1 that the amount had gone too high and it would be unworkable and accordingly suggested that there should be f......n the basis of a previous year's income. The petitioner was interested in group K, Kalirhat Pahartali octroi post. Its previous annual income was shown as Tk. 9,31,467,50; accordingly the earnest money was fixed at Tk. 9,135,00 The petitioner further deposited Taka 305.00 as the earnest money fo..Category: Administrative Law | Date: 17 Aug, 1977 | Hits: 5
Bhowal Raj Court of Wards State Vs. Md. Chand Mia, 1977, 6 CLC (HCD)
....nd in the letter of reference, the reference is accepted. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 4. ......0.70 is hereby set aside. It appears from the order dated 6.12.75 that the money has already been taken away by the 2nd party. In the circumstances it is directed that the 2nd party shall deposit the amount withdrawn by him as per order of the learned Magistrate dated 27.10.70. If the 2nd party fail......ll continue until the question of title has been decided by the Civil Court. The Magistrate by his impugned order dated 27.10.70 has decided the question as to which of the parties was to receive the money which has been deposited by the receiver and he decided that the money was to be handover to t..Category: Criminal Law | Date: 10 Aug, 1977 | Hits: 2
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ......93 acres from Tamirannessa and pre-emptor purchased the case land from the other heirs of Tamirannessa. The further case of the pre-emptee is that he made improvement by cutting earth and speeding an amount of Tk. 400/- and by constructing 4 huts for an amount of Tk. 300/- just after his purchase. ......Laskar Vs. Begum Tayabnnnessa and others, (1966) 18 DLR 18, the question of joint deposit was noticed and it was held that the correct position in law with regard to joint deposit is that same sum of money in being deposited by both or either of them jointly. No objection can be taken by the petitio..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ......n of Rs. 50/- from Aftabuddin Sarkar, the original holder of the jote, who was a settled raiyat of the village, but no rent appears to have been fixed because an agreement with the landlord as to the amount of rent was not perhaps concluded by that time. The name of Faizuddin Haji was recorded ......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ......66 and Rs 6000/- on the 4th January, 1967 from the petitioner and on 4-1-67 he acknowledged the debt granting a hand note and entered into a contract with the petitioner. After failing to recover the amount from the deceased (be petitioner instituted Money suit No. 6 of 1969 in the Court of the Subo......ndi to pray for revocation of the probate. In rejecting the application of the petitioner the learned District Judge also considered that the property of the deceased had not been attached and in the money suit filed by the petitioner proper security had been given for realisation of the loan. ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
....de absolute without any order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 295
......#39;B' is a verbatim reproduction of Annexure "X" dated 6-3-73 the charge sheet that was served upon the petitioner is the carbon copy of annexure 'X' dated 10-1-70 and the same amount has been shows as total assets and the same amount was brought as excess. Mr. Asrarul Hossain......as mentioned that he took loan from the House Building Finance Corporation and the estimate of the Corporation was about Rs. 63000.00. He cited his outstanding loan by giving full particulars and the money that he received by cheque was also mentioned by mentioning all the cheque numbers. He further..
Category: Property Law | Date: 27 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ......as no tribunal was at that time constituted under the T.I. Act for this purpose, This Court, ordinarily known as L.A. Court, accordingly determined the compensation at Tk. 32,076.00 which includes an amount of Tk. 4,765.00 as compensation for some trees and plants standing on the land The L.A. Court......R. 255 in which it was held that the Arbitrator in assessing compensation under the Emergency Requisition of Property Act 1948 (XIII/48) got no power to direct payment of interest on the compensation money. We have hardly anything to differ from that decision; rather we have followed it in a number ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Abdur Rahman Vs. The State, 1977, 6 CLC (AD)
....of discharge not only of Rahmat Ali who was in custody, but also other accused involved in the case were discharged from the case inasmuch as the said order of discharge amounted to disposal of the whole case by the Magistrate even though other accused were absconding when the final report was su......e ground that by the order of discharge not only of Rahmat Ali who was in custody, but also other accused involved in the case were discharged from the case inasmuch as the said order of discharge amounted to disposal of the whole case by the Magistrate even though other accused were absconding ......ment of the proceedings of the above G.R. Case. No.519 of 1971. The appeal is, accordingly, dismissed. Ed. This case is also reported in: 29 DLR (AD) (1977) 257. ..Category: Criminal Law | Date: 13 Jul, 1977 | Hits: 72
....ithout lawful authority and is of no legal effect.
We make no order as to costs.
Muhammad Habibur Rahman J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 141.
...... disapproved of such payment. Now BJMC has disapproved the agreement in question and instructed to stop the additional payment as per provisional agreement and also directed to realize the additional amount that was already paid. The employer had to do so and the Court should not grant any injunctio......s and Mistries of the Mechanical Department but this agreement was absolutely subject to final approval of the BJMC. It was also pointed out that the workers union had agreed to refund the additional money in case BJMC disapproved of such payment. Now BJMC has disapproved the agreement in question a..
Category: Labour and Industrial Law | Date: 24 Jun, 1977 | Hits: 3
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ......eous Case No.76 of 1974. The respondent having been injured, filed a miscellaneous case under Workmen's Compensation Act for compensation and the Commissioner passed an award of compensation amounting to Tk. 8,400/- declaring that the employee was permanently disabled on 14-11-74. Out of th......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Jogesh Chandra Datta Vs. Govt. of Bangladesh, 1977, 6 CLC (HCD)
...., therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......, therefore, discharged, but without any order as to costs. A.T.M. Afzal J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 219. ......mpton the point was, that a company governed by the Company's clauses Consolidation Act, 8-9-vict. c16, had sued the defendant who was a subscriber and not a shareholder for recovery of some call money. The statute made the company competent to sue the share-holders for the call money, the commo..Category: Procedural Law | Date: 21 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ...... paid in advance was still lying in deposit with the respondents. 3. In addition to the facts stated above, the written statement filed by the appellant showed that the appellant invested a huge amount in the hotel business which he started in the premises, purchased various furniture, articles...... the month of October, 1973 which was offered by the appellant first on October 1, 1973 and then on October 6, 1973. Furthermore, having no other alternative the appellant remitted the rent by postal money order which was refused and returned to him on November 5, 1973. The appellant deposited the r..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
....he definite Article "The" preceding the word "vessel" makes the word referable only to the ship in which the goods are being shipped. "Accordingly, it was held that "the whole purpose of the clause is to the effect that if necessary the goods will be transhipped to othe......his conclusion the Supreme Court of Pakistan considered. The Hague Rules which have been incorporated in the Schedule to the Carriage of Goods by Sea Act, 1925. As in the present case, there was a paramount clause in the bill of lading whose opening words were; "all the terms, provisions and co......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
....allows depreciation to the extent of 20% and that in the case of War Risks Insurance this rate of 20% should have been accepted. We think that since there was no prescribed rate for depreciation, the whole matter was at the discretion of the authorities and according to their discretion, they a......rcumstance case the petitioner is not liable to any penalty. The petitioner is, however, liable to pay the unpaid premium according to revised assessment minus the surcharge and interest and also the amount on account of depreciation of the work "in course of construction" within the meani......bservations made above. There will be no order as to costs.
Abdul Matin Khan Chowdhury J.—I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 341.
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Category: Constitutional Law | Date: 5 May, 1977 | Hits: 3
M/s. Shamim & Co. Vs. Commissioner of Income Tax, Dacca Zone, 1977, 6 CLC (AD)
....tice, upon the assessee under sub-section (2) in such a circumstance. In fact, it is on the service of such a notice only, a contentious proceeding for assessment is initiated. 12. The whole controversy in the assessment proceeding out of which the present appeal arises centred round ......ould the bit of limitation apply in view of the proviso to section 34(2) of the Act. 10. Under section 22 (1) of the Apt a person whose total income during the previous year exceeded the maximum amount which is not chargeable to tax shall have to furnish a return setting forth his total income ......d circumstances of the case. The result, therefore, is that the appeal is allowed, but there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 158. ..Category: Fiscal/Taxation Law | Date: 19 Apr, 1977 | Hits: 157
....ithdrawal of the gratuity and his entitlement from the. Provident Fund was irregular. We refrain from making any comment on the alleged irregularity or illegality in the withdrawal in question as the whole matter is yet to be thrashed out in the proceeding that is to follow the impugned order of sus......stees other Fund and without the permission of the Corporation. Since realisation of the gratuity money and the Provident Fund were highly illegal and irregular the petitioner was asked to refund the amount immediately and he was also asked to show cause in writing as to why he should not be dismiss......ll the nationalised companies. When the petitioner handed over the charge he also settled his account with the Company. He took Tk. 50,000/-as his gratuity for 20 months upto 8 2.73 and also received money he was entitled to under the Companies Provident Fund Scheme including Tk. 15,339.79 being 100..
Category: Corporate Law | Date: 11 Apr, 1977 | Hits: 2
Md. Sharif and others Vs. M. Baharuddin Chowdhury and the State, 1977, 6 CLC (HCD)
.... trial. The said order of revival was upheld by the High Court but the Supreme Court set aside the said order on appeal. It was held in the said case that once a Magistrate discharges the accused the whole of the authority granted by the Criminal Procedure Code in respect of the proceedings before h......irst Information Report to the effect that the petitioners and 22 others, 33 in all, trespassed into this office and snatched away his bunch of keys and took away his office files, documents and cash amounting to Tk. 7000/00 and also wrongfully confined him within a room. Thereafter he was forcibly ...... within a room. Thereafter he was forcibly taken to the C.D.A. Building and on his refusal to sign a written statement implicating the Secretary of the Hawkers Union in an alleged misappropriation of money he was also assaulted by the accused. The police investigated the case and submitted charge-sh..Category: Criminal Law, Procedural Law | Date: 9 Mar, 1977 | Hits: 1
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