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Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
.... he stated in cross that he constructed huts in the suit land 8/9 years back. But as a matter of fact defendant No.1 stated that he purchased the house 23 years back and since then lives there on payment of taxes etc. constructed two huts 7/8 years back. From a perusal of the deposition of D.W. ......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
....tted a representation to the accused-petitioners requesting the payment of termination benefits, and he also, enclosed a calculation of termination benefits amounting to Tk. 84,483/-. He admitted payment of Tk. 26,100.33 on the basis of the judgment, but made out a case that he was entitled to a......pugned order is, therefore, without jurisdiction.
In the result, the Rule Nisi is made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 203.
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Category: Labour and Industrial Law | Date: | Hits: 192
Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)
....the defendant has no knowledge of presentation of the cheque after such a long time. The contract was cancelled by the plaintiff himself and all that he is entitled to is to have a money decree for payment of Tk. 2,50,000/-. 4. The hearing of the suit commenced on 10.4.84. Plaintiff's witnesses......1.79. The defendant failed to execute and register the sale deed inspite of the request of the plaintiff. The defendant refused to execute and register the sale deed and returned the advance money by cheque. The cheque was returned for want of fund in the account on 15.5.79. Thereafter the plaintiff..Category: Property Law | Date: | Hits: 58
Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)
....law, arbitrary and mala fide. It is arbitrary because the licence had been cancelled without proper notice which, according to the learned Counsel be, two months' notice in case of violation of non‑payment of licence fees as in clause 22 (gha) of the licence/agreement. He has further submitted tha...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..Category: Civil Law | Date: | Hits: 72
Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)
....nd him guilty of the offence punishable under section 46(a) of the Excise Act 1909 and sentenced him thereunder to suffer rigorous imprisonment for 1 year and to pay a fine of Taka 5000 in default of payment of fine, to suffer rigorous imprisonment for further 3 months. The learned Magistrate furthe......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ..Category: Criminal Law | Date: | Hits: 87
MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)
.... in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several declarations and for mandatory injunction for payment of Taka 22,000,000 within seven days. Subsequently, by an amendment of the plaint on 27‑01......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..Category: Civil Law | Date: | Hits: 73
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....n religious or charitable purposes. These purposes may be divided into two classes, namely: (a) The performance of the obsequial ceremonies of the deceased owner mentioned in C1 (I) below, and the payment of his debts mentioned in col (iv) below, (b) The performance of religious ceremonies of ......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468...Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....r Assistant of Uttara Bank are hereby terminated under Clause 18(b) of Bank's Staff (Service) Rules, 1965 with immediate effect. Upon termination of his service as aforesaid, he is entitled to get payment of his legal dues from the Manager, Uttara Bank, Sylhet Branch subject to adjustment of Bank......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..Category: Employment/Service Law | Date: | Hits: 174
.... Transcom Limited the defendant No.7 in the share Register of the Company.
e) To pass a decree restraining the defendant No.7 from purchasing the shares of M/s NV Philips defendant No.6 and making payment thereof to M/s NV Philips the defendant No.6.
f) All costs of the suit.
3. After insti......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749...
Category: Company Law | Date: | Hits: 181
.... No.588‑AO, dated 12.6.62 followed by proper conveyance deed dated 16.1.1963 leasing out the land to him for a period of 99 years and transferring to him by hire purchase the house built thereon on payment of the cost of the house; that Md. Zahoor having paid the cost and the entire consideration,......' list of Gazette notification as the abandoned property.
In the result, the Rule is discharged but without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 746.
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Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....banker, defendant 11 Janata Bank opened the letter of Credit in favour of the supplier, Devon Industries Sd. Bhd for US $ 17,91,845.60 through Standard Chartered Bank, Singapore Branch, Singapore and payment was available to the supplier, by a draft drawn on the plaint at sight for 100% invoice valu......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....79 in respect of 0.0667 acre of the suit land and paid rent for the same. The petitioners have annexed the Mutation Khatian in the name of the said Sunil Kumar Ghosh, duplicate carbon receipt showing payment of separation fees and rent receipt under Annexures 'D', 'D(1)' and 'D(2)' respectively. The......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....at the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and the guarantor have defaulted in payment of the loan despite repeated demands and the plaintiff served formal demand notices upon the...... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ..Category: Civil Law | Date: | Hits: 83
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....ty in presence of her father in lieu of balance dower and money given by her for construction of the building and also delivered possession of the same to her. Since then she had been living there on payment of municipal taxes, rent, etc. through her defendant husband who had no subsisting interest ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..Category: Property Law | Date: | Hits: 63
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....quitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the property, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment of a big amount to the Bank in order to make the land owner free from liability. The petitio......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....earned Judges of the High Court Division on consideration of the materials on record interfered with the judgments of the Courts below on the reasonings that since the plaintiffs failed to prove part payment of consideration amount, they are not entitled to a decree for specific performance even i......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ..Category: Civil Law | Date: | Hits: 55
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....gularly but because of the warm relationship the landlord did not grant him rent-receipts regularly and in good faith he did not insist on it. As a matter of practice he used to give receipts against payment of rent for several months at a time, although he paid rent to his landlord regularly. It ha......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ..Category: Property Law | Date: | Hits: 64
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....s, totaling Tk. 1,76,349.90 (Annexures B and B-1). Respondent No.1 received the amount in full and final settlement of his account with the petitioner company on 11-1-93 confirmed by duly signing the payment receipt that he had no further claim. 3. The respondent No.1 sent a grievance petition da....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....an officer appointed by him has no other power of stay under the Ordinance. 6. Rules 128 to 138 of the Co-operative Societies Rules 1987 deal with appointment of arbitrators, their qualifications, payment of fees to arbitrators, procedure of filing a dispute case, fees for filing dispute cases, p......order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15...Category: Alternative Dispute Resolution | Date: | Hits: 156
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....dated 23-1-1991 Superintendent of Customs and Excise informed the petitioner of Writ Petition No. 3071 of 1992 that he would get refund of the excise duty paid by him within one year from the date of payment under Rule 11 and as such he was asked to make fresh application accordingly. According to t......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
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