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Displaying 1341-1360 of 1636 results.

Bangladesh House Build­ing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)

....s, subject to the bank rate. 6. In October, 1980, the Bank rate was en­hanced to 10-1/2%; consequently the concessional rate of interest was enhanced from 5% to 7-1/2% (10-1/2% — 3 = 7-1/2). In clause-3 of the Mortgage deed the borrowers stipulated to pay enhanced rate of interest with the inc..

Category: Property Law | Date: | Hits: 41

Syed Nizamuddin Mohsin Vs. People's Republic of Ban­gladesh, 1989, 18 CLC (AD)

....'s Order No. 135 of 1972) dated 4.11.1972. The plaintiffs’ claimed that the land reformed in situ. In view of the clear finding that the plaintiff’s right was never recognised as required under clause (3) of section 86 not any argument is made that the said finding is wrong it must be said tha..

Category: Property Law | Date: | Hits: 42

Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)

....ing Chairman is indirectly elected; he is elected by the other elected members of the Parishad and not by direct election of the voters. That makes the whole difference. This is why in the definitive clause it has been said Chairman means Chairman of the Union Parishad and it does not say 'includes'..

Category: Election Law | Date: | Hits: 128

A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)

....on Commis­sion of Bangladesh is constituted under Article 118 of the Constitution. Article 119(2) says that the Elec­tion Commission shall perform such functions in ad­dition to those specified in clause (1) as may be pre­scribed by the Constitution or by any other law. Rule 3 of the Union Paris..

Category: Election Law | Date: | Hits: 165

Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

....y of Section 7(2) (g) of the Lo­cal Government (Union Parishads) Ordinance, 1983—Ordinance No. LI of 1983. It has been con­tended that this provision of the Ordinance is violative of the equality clause of Article 27 of the Con­stitution of Bangladesh. S.7 (2) (g) of the Ordinance, which has be..

Category: Election Law | Date: | Hits: 212

Bangladesh Railway Vs. M/s. Chartering and Shipbroking Corpora­tion, 1985, 14 CLC (AD)

.... Chitta­gong Port Act by section 55 as amended by Ordinance XXIV of I960 promulgated on 30 June 1960). The relevant provision of Rule 122 which Mr. Huq, wanted to rely upon are contained in sub-clause (ii) of Clause (a) of Rule 122 which  are as follows:  "(ii) Goods ..

Category: Civil Law | Date: | Hits: 89

Maqbul Hossain & others Vs. Bangladesh Milk Producers’ Co-Ope­rative Union Ltd., 1985, 14 CLC (AD)

....2 in the First Labour Court at Dhaka against the accused appellants alleging, inter alia, that the appellants avoided to implement some  of the terms of the said agreement dated 17.3.81 being clauses 1 (chha) 2 (gha), 3 (Kha), 4 (Gha), 5 (Kha) and 7 (Ka) of the said agreement for payment of..

Category: Labour and Industrial Law | Date: | Hits: 98

Jonab Ali Sarder & others Vs. Taser Ali Fakir & another, 1985, 14 CLC (AD)

....….Appellants. Vs. Taser Ali Fakir & another.................................Respondents Judgment August 9, 1984. The Registration Act, 1908 (Act No. XVI of 1908), Section 17 (2); clauses (a) and (b) Compromise decree comprising property which are not subject-matter of the su..

Category: Property Law | Date: | Hits: 49

Bangladesh Vs. Jalaluddin Ahmed, 1985, 14 CLC (AD)

.... the refusal of the appellant to pay the amount claimed by the respondent he referred the matter to the sole Arbitrator namely, the Secretary of the Food Department for adjudication as provided in clause 13 of the Agreement. On October 19, 1970 the Arbi­trator awarded in favour of the appell..

Category: Civil Law | Date: | Hits: 111

M/s. M. M. Ispahani Vs. Sonali Bank and others, 1983, 12 CLC (AD)

....s with the creditor. There is nothing in the deed of guarantee to show that respondents No. 2-6 have been absolved from repaying the loan unless the appellant company repaid the loan nor is there any clause therein postponing the priority in repaying the loan in their favour. There is also no explan..

Category: Civil Law | Date: | Hits: 110

Liu Ying Ping Vs. Leon Fang Ai, 1984, 13 CLC (AD)

....nse was obtained in his individual name. These circumstances clearly show that the firm was intended to be dissolved. Dissolu­tion may be inferred from circumstances. Mr. Hakim argued strenuously on clause 6 of the agreement and contended that the clause itself shows that dissolution was contemplat..

Category: Business or Commercial Law | Date: | Hits: 114

Radha Krishna Jogani (Agarwalla) Vs. Dwarka Das Agarawalla & others, 1983, 12 CLC (AD)

.... a suit follows only on the disso­lution of the firm by the decree of the Court and it is, therefore, in effect, a prayer for accounts of a dissolved firm and so comes also within the second part of clause (a) of sub-section (3) of sec. 69. The only effect again, of taking the other view, limiting ..

Category: Property Law | Date: | Hits: 99

Md. Joynal and ors. Vs. Md. Rustam Ali Mia & ors., 1984, 13 CLC (AD)

....ciliation Court will have no juris­diction such as the case in which interest of minor is involved or in case of arbitration or the case against the Government "or Public Organization and clause (d) adds:   "cases which according to the custo­mary law of a..

Category: Property Law | Date: | Hits: 42

Geeta Rani alias Shamima Khatun Vs. Bangladesh, 1984, 13 CLC (AD)

....m the date on which the Revenue-Officer so enters on it, vest absolutely in the, Provincial Government free from all encumbrances except the encumbrance on the holding which is extinguished under clause (a) of the said sub-section, but the persons whose interest in the holdings are extinguishe..

Category: Property Law | Date: | Hits: 112

Sunil Krishna Banik & ors. Vs. Kailash Chandra Saha & ors., 1984, 13 CLC (AD)

....ion or res­triction excepting what is indicated by the words used therein. To do justice is the spe­cial preserve or domain of a court of law and this has been stressed by the words used in clause (b) as aforesaid. Since the point raised by the appellants required the determination of th..

Category: Property Law | Date: | Hits: 34

Moulvi Abdulla Wel­fare Trust Vs. K.A. Gani, Advocate & ors., 1984, 13 CLC (AD)

.... The receiver is appointed under Order 40 rule 1(a) and Clause (c) and (d). The properties is given to his possession, custody and mana­gement and the Court confers such power as emphasised in clause (d). The receiver is therefore an officer of the Court, is a public officer. He is a custodi..

Category: Property Law | Date: | Hits: 39

Sadullah Pramanik & ors. Vs. Md. Khalilur Rah­man & ors., 1984, 13 CLC (AD)

....lah Vs. Abdul Malik alias Mala and another 12 DLR 206 a single Bench consi­dered section 3(17) proviso and held that a borgadar could become a tenant before the introduction of the provisio to clause (17) of section 3 but cannot be so after its introduc­tion unless the conditions in the ..

Category: Property Law | Date: | Hits: 27

Commissioner of Taxes Vs. Ghaus-i-Pak-i-Azam Welfare Trust, 1984, 13 CLC (AD)

.... case of property so held in part for such purposes, the income applied, or finally set apart for application, thereto: Provided that in the case of income derived from business this clause shall not apply unless the business is carried on, on behalf of a religious or chari­ta..

Category: Fiscal/Taxation Law | Date: | Hits: 117

Abdul Gafur Khan & others Vs. Government of Bangla­desh & others, 1984, 13 CLC (AD)

....of land during twenty four months preceding this date- 14-4-62— would be the determining factor. So far as the position of law is con­cerned, this is the exact position as specifically provided in clause (e) of section 7 of the Emergency Requisition of Property Act, which is quoted below: "th..

Category: Property Law | Date: | Hits: 42

Abdul Huque Vs. Mrs. Zainab Begum & ors, 1984, 13 CLC (AD)

....is release".  The learned Counsel argued that since there was confusion in India amongst the various High Courts the Legislature had thought it fit to insert by amendment the clause ''or any court to which the suit or proceeding is transferred". Since in our law no suc..

Category: Others | Date: | Hits: 93