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Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....ctment. 2. Petitioner as Plaintiff filed the aforesaid Small Cause Court Suit against the defendant opposite party for her ejectment from the suit premises on the ground that she is a defaulter in payment of rent since June, 1990 and, as such, plaintiff terminated the monthly tenancy of the defen......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..

Category: Tenancy Law | Date: | Hits: 167

Bangladesh Vs. M/s. Mashrique Tex­tiles and others, 1982, 11 CLC (AD)

.... of the price of goods dispatched on production of Inspection Note of the Director of Supply and 5% on production of receipt from the consignees, the plaintiff-respondent intimated him that no excess payment has been made to them and since they have fulfilled their part of the contract they were ent......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

....t protected area at 'X' and 'Y' shed compound of the CPA on open space rent. The CPA Board gave decision in favour of the petitioner for leasing out 51,526 square open space initially for one year on payment of space rent as per Tariff Item No. 2.7 of the Schedule of Charges regulated by Regulation ...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....owdagar and others, on the ground that the defendant is a defaulter and also for reconstruction of the house. The defendants contest­ed the suit, contending, inter alia, that they never defaulted in payment of rents, the notice under sec­tion 106 of the Transfer of Property Act is defective, that ......l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ..

Category: Tenancy Law | Date: | Hits: 210

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....a policy and an insurer cannot claim such right to go to a civil Court. The intention of the legislature not giving any such right i.e. opening the doors of civil Court to an insurer for avoiding the payment of the insured amount which he cannot avoid under the terms of the policy is the sufficient ......he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ..

Category: Business or Commercial Law | Date: | Hits: 190

Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)

....ness transacted in Bangladesh after the commencement of the Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in, Bangladesh of any sum secured thereby and to sue for any relief in respect of the policy......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ..

Category: Business or Commercial Law | Date: | Hits: 211

Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)

....So, the defendant is liable to pay compensation for causing the damage. The plaintiff repaired the Tanker at a cost of Taka 66,500.00 and by its letter dated 16.3.1989 requested the defendant to make payment of the aforesaid amount. But the defendant, in spite of the receipt of the letter, did not m......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 198

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....ds were ultimately taken delivery by the Sonali Bank from the Port authority and the plaintiff had further taken delivery of the consignment from the Sonali Bank as and when he could furnish the part payment for respective price to the said Bank. Therefore, the facts and circumstances of the case of......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)

....reement the petitioner company would deposit its equity money in the respondent Bank and the respondent Bank would provide the loan facility. It was agreed that the respondent Bank would make all the payments to ship builder company directly and first payment would be made after completion of 40% of......price which was accepted. It is also stated that on the approval of the Managing Director of the Bangladesh Shilpa Bank on 8-6-1999 the said purchaser deposited a bank draft of Taka 10 lac and gave a cheque of Taka 5 lac for remainder encashable within December, 1999. On 27-10-1999 said purchaser su..

Category: Admiralty Law or Maritime Law | Date: | Hits: 171

Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)

....cts of different borrowers in different godown. They used to belong to the pay roll of different borrowers and, as such, the petitioner had no liability whatsoever for their pay and allowances or for payment of bonus and provident fund, etc. The borrowers of the Bank used to pay their salary and als......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..

Category: Labour and Industrial Law | Date: | Hits: 140

National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)

.... filing of these petitions, in brief, are that the respondent-company, in course of its business import­ed a quantity of hot rolled steel from abroad for manufacturing cold rolled steel products, on payment of normal duties and taxes as assessed. The said cold rolled steel products are used for pro......ent of the said surcharge. In that view of the matter, we find no substance in these petitions and accord­ingly those are dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 132. ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....r or not the compensation was duly paid to the real owners is a disputed fact which cannot be decided in a writ petition. After the acquisition of the prop­erty the Government may at any time before payment of the compensation with­draw from acquisition of such property by notification and in that......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..

Category: Property Law | Date: | Hits: 58

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....efendant to other persons is also concocted. 7. In this premises, the suit was contested. 8. Trial Court dismissed the suit disbelieving the existence of any oral agreement or the allegation of payment of any consideration money by the plaintiff to the defendant’s father. Trial Court wrote o......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..

Category: Property Law | Date: | Hits: 108

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....he Islam Group, accepted and acknowledged that the loan would be paid upon being consolidated into one account of Islam Brothers Properties Ltd. The respondent No.5 also gave personal guarantee for repayment of the said outstanding dues and accordingly, the payment of the total loan amount was resch......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

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

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....r of acceptance dated 23.03.2006. On 05.06.2006 a formal agreement was entered into between the petitioner and respondent No.5 for imple­mentation of the project. The petitioner furnished an advance payment guarantee for TK.1,46,80,941.15 and also submitted the sale receipt agreement for purchase o......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 835. ..

Category: Others | Date: | Hits: 118

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....al Court and the lower appellate Court on consideration of oral and documentary evidence having found that the plaintiffs have been able to prove their claim of taking settlement of the suit land and payment of rent to the original owner and to the Government, and the defendant government having fai......ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..

Category: Property Law | Date: | Hits: 80

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....osed and study and recite from the Holy Quran. PW 7 sometimes found them selling honey. However, after 8th or 10th Ramadan, he went to that house and found that they had left the house without making payment of rent for one and half a month. A few days thereafter a bomb blast took place at Jhalakati......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..

Category: Criminal Law | Date: | Hits: 224

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....tly, he submitted that in view of said orders passed in Miscellaneous Case No. 45/IX- 1/79-80 and 317/IX-I/82-83 opening new khatians in the name of Sudhir Kumar Das in respect of his entire land and payment of rents on the basis of such khatian the pre-emptor was not entitled to pre-empt the impugn......scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593...

Category: Property Law | Date: | Hits: 69

State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)

....or the renovation work of the PO House 2/A years before the occurrence. Hasan was paid at the rate of 4/5 percent. PW 7 admitted that Hasan submitted two bills amounting to Taka 28,600 and 23,700 for payment and on receipt of the bills he (PW 7) recommended payment thereof. These two bills were prod...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..

Category: Criminal Law | Date: | Hits: 70

Korea Exchange Bank, Seoul, Korea Vs. Gemini Garments Limited and others, 2004, 33 CLC (HCD)

....nd (c) two instead of four packing lists in respect of one lot, namely, FBL No. BUCH‑1049. On 27‑6‑93 PBL communicated its acceptance dated 26‑6‑93 by registered airmail giving due date for payment on 28‑9‑93; 1-10‑93; 8‑10‑93; 22‑9‑93 and 15‑10‑93 respectively. 6......of the Negotiable Instruments Act, 1881 (Act XXVI of 1881) defines- 'Holder in due course' means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if payable to bearer, or the payee or endorsee thereof, if payable to order, before it became..

Category: Business or Commercial Law | Date: | Hits: 289