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Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....e suit holding to Afser Ali Akon and others on 2nd May, 1939 on receipt of kabuliyat from them. He got an ex parte decree in Rent Suit No. 952 of 1948 in the Fourth Court of Munsif, Patuakhali, for realisation of arrear rent, against Afsar Ali Akon and others, and in that suit plaintiff No. 2 was......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....peals are dismissed without any order as to costs. Order of the Court By majority decision the appeals are allowed without cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 65. ......he learned Additional Attorney‑General, supports the contention raised by Mr. Syed Istiaque Ahmed, the learned Advocate for respondent No. 1. The cited decision is a case wherein the shipper took a loan of L‑300 from the appellant‑bank for sending some machinery from London to Poti in Black Se..Category: Business or Commercial Law | Date: | Hits: 130
Commissioner of Income-Tax, Dacca Zone, Dacca Vs. M/S. Ata Hossain Khan Ltd., 1975, 4 CLC (AD)
....that this appeal is allowed with costs and the judgment and order of the High Court are set aside and that of the Appellate Tribunal restored. Ed. This Case is also Reported in: 28 DLR (AD) 141.......uring different types of containers, etc. and finished products manufactured and sold. Thus the accounts remain unverifiable. Hence the position shown cannot be accepted." 3. On a scrutiny of the loan account disclosed by the assessee in respect of the said assesment year, the Income-tax Off..Category: Fiscal/Taxation Law | Date: | Hits: 164
Azizur Rahman and another Vs. Sree Kailash Chand Burmecha and others, 1975, 4 CLC (AD)
....id adjudication in favour of any party to the suit, may not be destroyed or impaired. The powers which can be conferred upon a receiver under sub-rule (1) of Order 40, rule 1 are, inter alia, for the realisation, management, protection, preservation and improvement of the said property during th......the basis of what is just and convenient in each case. The result therefore is that this appeal fails and is dismissed with costs. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 65. ..Category: Property Law | Date: | Hits: 93
Bangladesh Vs. Mohd. Abdur Razzak and another, 1976, 5 CLC (AD)
....se, we find that the High Court, upon the cited authorities, may be said to have rightly held that the security money deposited with the Government is liable to attachment for the realisation of the decretal dues of the creditor against the judgment-debtor, but seems to have ove......l subsist subject to the prior lien or charge of the Government and in accordance with the observation made herein. The appeal is allowed but without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
The Com. of Income-tax Chittagong zone, Ctg. Vs. M/s Everett Orient Line Corpn, 1976, 5 CLC (AD)
....nt act and is activated year to year as for the recovery of the tax on income at the fate provided in Finance Act. Income tax is assessed on the previous year set out in the Act. The machinery for realisation of the tax is furnished by the Finance Act of the year of assessment. The law in operat......ght in so far it allowed the three assessees' initial depreciation under s. 10(2)(vi) of the Act. We find no reason to interfere. All the three appeals are dismissed with costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 134
Golam Hafez Mia Vs. Khadem Ali Meah, 1977, 6 CLC (AD)
....ing the case of Tarangini Devi, and held that, it was a case of non-service and so the sale was void. It appears that the certificate proceeding was started by the Government Acquired Estate, for realisation of arrears of rent. Section 30(3) of the Act says, that when a proceeding under the Act ......s of the arrival of the records in the court below, shall be dismissed with cost. The cost of this appeal shall abide the result of the suit. Ed. This Case is also Reported in: 29 DLR (SC) 311. ..Category: Property Law | Date: | Hits: 82
Amir Sultan Ali Hyder Vs. Md. K. Alam alias S. Alam & others, 1977, 6 CLC (AD)
.... not be binding on the Courts below. For the reasons stated above, the appeal is dismissed. We, however, make no order as to costs. Ed. This Case is also Reported in: (1977) 29 DLR (SC) 295.......al system of the county becomes seized of a dispute under Section 39 of the Ordinance which arises out of an assertion of a legal right pertaining to enforcement of a security respecting repayment of loan. Such a dispute can .be litigated in the ordinary courts of country in accordance with the ordi..Category: Trust/Waqf Law | Date: | Hits: 182
Nuruzzaman Chowdhury Vs. Asrarul Hoque Chowdhury and others, 1977, 6 CLC (AD)
....e appeal as per judgment dated 22-6-1966. The accounting will be made according to the directions given by the High Court in its judgment. In the result the appeal is dismissed with costs. Ed. ...... be liable to pay after the commencement of this Act. (a) any sum in respect of principal and interest which together with any amount already paid or included in any decree in respect of a loan exceeds twice the principal of the original loan. (b) on account of interest outstan..Category: Property Law | Date: | Hits: 64
Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 1976, 5 CLC (AD)
....is affected by the sale, have been given the right to apply for setting aside the sale. All creditors of a judgment-debtor are in a sense interested in the properties of his debtor for the purpose of realisation of his debts and if we understand the term in a very wide sense—their said interest ma......er to set aside the sale. The result, therefore, is that this appeal is dismissed. There shall, however, be no order as to costs. Ed. This Case is also Reported in: 29 DLR (SC) (1977) 185. ..Category: Property Law | Date: | Hits: 118
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....e the scope of the leave order and so we abstain from entering into it. In the result this appeal is dismissed with no order as to cost. Ed. This Case is also Reported in: 29 DLR (SC) 41. ......rticipation in the management and control of the Corporation. If we turn to the function and object of the Corporation, we observe that principal aim is to help promote small industries by giving loan, advice and sometimes starting project and then selling it to prospective investors. The purp..Category: Employment/Service Law | Date: | Hits: 170
Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)
.... interference. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 83. ...... 3. The minority share holder holds 28,860 shares out of 1,47,816 shares issued by the respondent company namely, United Food Complex Ltd. The respondent No. 1 company was granted loan by Bangladesh Shilpa Rin Sangstha (BSRS), Investment Corporation of Bangladesh (ICB) and 5 oth..Category: Business or Commercial Law | Date: | Hits: 95
Abu Taher Vs. Abdur Razzak and others, 1995, 24 CLC (AD)
.... normal and penal interest, in terms of the Circular issued by the Bangladesh Bank. The petitioner paid the principal amount due to the Bank and no demand has yet been issued to him by the Bank for realisation of the normal and penal interest for remission of which his application is still pendi......12.91. His nomination paper was accepted on the date of scrutiny on 8.12.91 in spite of an objection filed by the contestant respondent No.1 on the ground that the petitioner defaulted in repaying loan taken by him from the Bangladesh Krishi Bank, Konkapati Bazar Branch. The election was held on..Category: Others | Date: | Hits: 101
Special Reference No. 1 of 1995, 24 CLC (AD)
.... 28 June 1994 which upon hearing resulted in a direction upon absenting members of Parliament to attend the Parliament and quo‑warranto was allowed and the continuous absence of the respondents for realisation of their demand for a caretaker government was declared illegal, unconstitutional and vo...... Mohammad Ismailuddin Sarker J. - I am in complete agreement with the learned Chief Justice and I have nothing more to add. Ed. This Reference is also Reported in: 47 DLR (AD) (1995) 111. ..Category: Constitutional Law | Date: | Hits: 248
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......umar Das is a manufacturer and seller of homeopathic medicines under the name and style of SB Memco Laboratory at his village Kulkurmal, Police Station Rangunia, District Chittagong. He obtained a loan from pro‑forma defendant No. 2 Janata Bank, Laldighi East, Chittagong on an equitable mo..Category: Business or Commercial Law | Date: | Hits: 114
Abdus Satter (Md) Vs. Bangladesh and others, 1996, 25 CLC (AD)
....ave been passed without lawful authority and of no legal effect. The appeal is allowed without costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 64, 48 DLR (AD) (1996) 180 ......rict Dhaka as per sanctioned plan of the former Dhaka Improvement Trust dated 22-5-80 (renewed 7-6-83) on obtaining house building advance from his employer Bangladesh Shilpa Bank and on obtaining loan from the House Building Finance Corporation, as also from his personal savings and borrowing f..Category: Business or Commercial Law | Date: | Hits: 136
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....tiff claims US $ 18,21,000.00 on this method of calculation. 4. Along with these alternative claims the plaintiff prayed for interest at 10% with yearly rests from the date of accident till realisation and costs. 5. Besides taking some usual defenses like maintainability, lack of ......the need for owners to comply with the requirements of any mortgagees of their vessels who invariably insist on the protection of insurance policies for not less than the amount of the outstanding loan. The artificiality of insured value in hull policies and need for certainty of interpre..Category: Business or Commercial Law | Date: | Hits: 151
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....uit No.31 of 1984 for eviction of a monthly tenant. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain a......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ......el Ahmed obtained signatures of the appellants upon some blank forms, stamp papers and other papers and also received the appellants’ original share certificates on the representation that a loan for the company was to be secured from a bank against was the said papers. He gave an undertak..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......obliterate the real difference between the motive for the agreement and the consideration for it. In that case, certain goods belonging to the appellants were pledged with the bank as security for loan and the same were kept in a godown. The appellant in collusion with the bank people removed th..Category: Property Law | Date: | Hits: 72
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