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Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)

....s filed for the dues as claimed by the complainant for Taka 27,36,222 which was dues to him as termination benefit along with the compensation and other dues, and as such, it was alleged that for non payment of the said money the petitioners committed an offence under section 307 of the Labour Act, ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..

Category: Labour and Industrial Law | Date: | Hits: 201

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....o show cause why he should not pay the amount specified in the notice.” 5. It has been stated in the application that no such show cause notice was at all served upon the petitioners Company for payment of the short levied excise duty as such the demand is without any legal sanction. The respon......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...

Category: Fiscal/Taxation Law | Date: | Hits: 169

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... Judges on consideration of the materials and evidences on record took a different view that Md. Nasim was the son of original allottee Yahiya as the original title deed and original receipts showing payment of rent, taxes, etc. were produced from the custody of respondent No.1. The learned Judges r....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. ..

Category: Property Law | Date: | Hits: 150

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

....a Court of Small Causes. Section 24 provides for an appeal only in certain cases namely, when an order passed under clause (ff) or clause (h) of section 104(1) C.P.C. Under these clauses an order for payment for compensatory costs in respect of false or vexatious claim, etc. or an order imposing a f...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....s notwithstanding the provisions laid down under sub‑section, (1) of section 5 of the Act. The respondent Nos. 1‑5 also contended that since counter‑claim has been made for a specific amount on payment of Court-fees there is no reason for rejecting the same on the ground that the claim is not ......der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ..

Category: Civil Law | Date: | Hits: 116

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

.... Karikhara Branch. Accused Sultan Hossain was the Manager of the said Branch. On 5-5-75 the petitioner was granted over-draft facility to the tune of Tk. two lacs by the said Branch Manager and the repayment started from 7-5-75 according to terms. The Regional Manager considered that the over-draft ......d, there was no application whatever from the appellant praying for any over-draft or loan nor any order of sanction to the over­-draft was made, but the amount was with­drawn from the bank by four cheques of Tk. 50,000/- each, against the account of the appellant whose credit balance was only Tk...

Category: Criminal Law | Date: | Hits: 95

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

....ered sale deed executed on 24-9-2006 in his favour through the executing Court. Accordingly, the petitioner submitted applica­tion before the RAJUK to have the said property mutated in his name upon payment of transfer fee as per the terms of the said decree, but the RAJUK having refused to do so, ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..

Category: Property Law | Date: | Hits: 127

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....3 acres of land appertaining to plots No.1093/1250/1786 of Khatian No.1044 and Malancha Dasi got the same executing kabuliyat on 19-6-1946. Rent suit No.1660 of 1952 was filed against Malancha for nonpayment of rent and the same was decreed. In execution of the said decree, the suit land was sold in......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....he Consortium led by Messrs Wartsilla Power Development Limited, paid an amount of Taka 1.45 crore on 7-10-1997 and Tk. 55 lakh on 8-10-07 to the seller of the land by way of cheque/pay orders. After payment of the said amounts the petitioner approved the said proposal on 11-10-1997 and on 16-10-199...... are the local agent of the Consortium led by Messrs Wartsilla Power Development Limited, paid an amount of Taka 1.45 crore on 7-10-1997 and Tk. 55 lakh on 8-10-07 to the seller of the land by way of cheque/pay orders. After payment of the said amounts the petitioner approved the said proposal on 11..

Category: Criminal Law | Date: | Hits: 156

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....ing of the property in pursuance thereof, and also seeking direction upon Standard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that......he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 129

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

.... affidavit‑in‑opposition it has been stated that the petitioner availed of the credit facility from the respondent bank on the basis of sanction letter dated 26‑4‑97 and as the security for repayment of the loan the petitioner mortgaged the property by registered mortgage deed No. 16121 date......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..

Category: Civil Law | Date: | Hits: 129

Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Cor­poration Ltd., 1982, 11 CLC (AD)

....The question for consideration in this ap­peal is whether the mortgage deed submitted by the respondent for registration falls under Article 40 (b) or Article (c) of the Stamp Act for the purpose of payment of stamp duty. The respondent G.M.G. Corporation Limited while enjoying cash credit facility...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..

Category: Fiscal/Taxation Law | Date: | Hits: 269

Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)

....pre-emption was filed. It appears that the learned Judges have given unnecessary im­portance to the fact that the vendor, Abdul Bari Khan, had got back his land by filing a suit on the ground of non-payment of consideration which was found by them to be a collusive one between him and the transfe­......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..

Category: Property Law | Date: | Hits: 77

Bangladesh Steel and Engineering Corporation and another Vs. Md. Masood Reza and others, 1977, 6 CLC (AD)

....Provided further that no such sale or transfer of industrial enter­prises, share or interest shall be made except after making an offer on like terms and conditions to the person entitled to receive payment of compensation under Arti­cle 9 in respect of such enterprise, share or interest and such ......any learned brother Mr. Justice Munim that these appeals should be dismissed. Order of the Court. The appeals are dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 169. ..

Category: Others | Date: | Hits: 154

Nur Banu Vs. Noor Mohammad and others, 1983, 12 CLC (AD)

....n the prescribed manner in the case of tenan­cies of the class specified in clause (a): Provided that a tenant shall not be liable to ejectment on the ground spe­cified in clause (iii) except on payment of such reasonable compensation on account of the cost of removal of any structure erected o......uted by both the lessor and the lessee". The point, it would appear, is well taken. The appeal is dismissed. No order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 182. ..

Category: Property Law | Date: | Hits: 103

M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)

.... out of order No.2 dated 14.02.2000 passed in Title Suit No.32 of 2000 by the learned Joint District Judge, Court No.1, Dhaka restraining defendant Nos.1-4 (respondent Nos.3-4 herein) from making the payment to the corresponding Bank under letters of credit being Nos.BBA/01/99/565/DP and BBA/01/99/5......s we direct the trial Court to dispose of the temporary injunction matter within 4 weeks from the date of receipt of this order. The petition is dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 208

Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)

....he vital issues against the plaintiffs. 7. Mr. MA Wahab Miah learned Counsel appearing for the petitioners submits that since the defendant opposite party recognised the plaintiffs as landlords by payment of rent (Ext. 5 series) and by depositing rent before the Rent Controller in Miscellaneous C......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..

Category: Procedural Law | Date: | Hits: 74

Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)

....o Moizuddin, the father of the contest­ing defendants for a consideration of Tk. 9,000/- and on 6.4.68 Sonaullah executed a deed of agreement in favour of Moizuddin on receipt of Tk. 5,000/- as part payment. The defendants were inducted by him into the possession of schedule 1 land. The deed of agr......t and decree under appeal are set aside; and the case is remanded back to the lower appellate Court for disposal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 316...

Category: Property Law | Date: | Hits: 79

Nuvista Pharma Limited Vs. National Board of Reve­nue and others, 2010, 39 CLC (HCD)

.... the result, the Rule is discharged without any order as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. The petition­er is hereby directed to make outstanding payment within 2 (two) weeks from the date of receipt of this judgment and order failing which the r......ustoms, Excise and VAT North Commissionerate House, Dhaka will be at lib­erty to encash the bank guarantee. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 181

Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)

....rom the super tax in respect of the dividend declared out of its profits, its ratio would exceed by more than 10% of the rate payable by the Companies which made arr­angement for the declaration and payment of dividends. 3. The Commissioner of Income Tax, the appellant, moved the Appellate Tribu......le Taxation between Pakistan and the United Kingdom. The result is that all these appeals are dis­missed with no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119...

Category: Fiscal/Taxation Law | Date: | Hits: 143