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Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....the outstanding liability would be settled in consultation with the Ministry of Commerce by message dated 1.7.1989 and further by message dated 5.7.1989 assured the writ petitioner that arrear payment of outstanding dues will be disposed of after the final decision by the Commerce Ministry. ......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....at they were the employees of the appellant, Bangladesh Road Transport Corporation, who by a circular dated 14.5.92 offered its officers/employees/workers voluntary retirement from service on payment of all dues and entitlements. The writ petitioners conveyed their willingness to retir......ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ..Category: Employment/Service Law | Date: | Hits: 66
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....the respondents in respect of an area of 30½ decimals comprising both plot Nos.329 and 332; but whether the proposal was finally accepted resulting in separation of the jama and payment of rents separately by the two co-sharers, no evidence has been led in this case. So far as......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....r case is that; (a) Their predecessors, namely, Abdul Gani Mir and Ahmadullah Munshi, were not bargaders of Golam Rahman but they were actual raiyats holding the land in raiyati interest on payment of fixed rent in kind, such as jute and paddy, and as such the C.S, khatians are correct ; ......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....hiuddin Vs. Naresh 8 DLR Dhaka 648 made correct exposition of law and we have no hesitation in placing reliance on it 8. The argument of Mr. Gholam Rabbani that the fraudulent act or the non-payment of consideration is integral question of genuineness of the document is attractive but on ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....es regarding possession and the evidence of P.Ws. 3, 4 and 5 cogently proved that the plaintiff was in possession of the suit land. On documentary evidence it was observed that Exts. 2 series show payment of rent of the suit land by the plaintiff and his predecessor in interest since the time of......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....iled S.C.C. Suit No.4 of 1981 in the Court of Subordinate Judge, Dinajpur, seeking ejectment of the appellant, a monthly tenant in respect of the premises in question, on the ground of default in the payment of rent. The suit was fixed for pre-emptory hearing, after two adjournments, on 27 May 198......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....er, controversy started According to the plaintiffs. Priyabala left for West Bengal for good and abandoned the holding without making any arrangement either for cultivation of the land or for payment of the rent and consequently the plaintiffs by serving a notice under section 87 of the Ben......l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that the acquisition had been done without observing formalities as laid down in the Ordinance itself though he made a grievance that the compensation has not been awarded. Section 10 provides for payment of compensation before taking possession of the property subject to sub-section (2) and se...... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161...Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......Provided that plaintiff No. 1 shall not withhold his signature in the case of disbursements/withdrawals on certificated bills. In case of refusal of plaintiff No.1 to subscribe his signature on the cheques in respect of such disbursements/ withdrawals, defendant No.1 will have the power to withdra..Category: Constitutional Law | Date: | Hits: 149
Planters (Bangladesh) Ltd. Vs. Mahaluxmi Bank Ltd. (in liquidation) and others, 1984, 13 CLC (AD)
....nting to Tk. 2,40,000; the plaintiff Bank instituted the aforesaid suit, 4. The Hill Top Tea Company Limited filed a written statement contending that as no consideration was passed nor any payment was made mere depositing of title deeds did not create any mortgage. No debt, therefore, ac......tate was sold. As a result of an understanding between the Directors of the plaintiff Bank and the defendant company and in collusion with the Directors of the Model Bank Limited, Calcutta, a cheque for Tk. 400,000/- was drawn by it upon the Model Bank Limited, Calcutta in favour of th..Category: Business or Commercial Law | Date: | Hits: 139
Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)
....rketing depending on the availability of product. However, we expect you will represent us quite adequately in the market. Please note that all supplies will be made to you against per-payment by DD or Pay Order drawn on banks of the location of supply point. The company rese......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 117. ..Category: Others | Date: | Hits: 84
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....ugh his attorney Abdur Rahman who is the brother of Wali Mohammad, to sell the property in question to him and to that respect an agreement for sale, as claimed by the respondent No.1 was executed on payment of Tk. 40.000/- as earnest money out of the total consideration money by Wali Mohammad. It i...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....eld and/or to pass such other or further order or orders as to your Lordships may deem fit and proper. and Pending hearing of the Rule the respondent Nos.1-2 be restrained from making payment of the salaries, allowances, dues and other facilities and privileges to the responde......e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....s the case may be, of every person.” There is proviso to this section which is not relevant to decide the point at controversy. 24. Provisions of this section impose liability for the payment of income-tax. It provides for a rate of tax which may be varied from time to time. It......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....;…..(7) The Courts while sentencing a person to fine only where there is no provision of sentence of imprisonment in the rule under which the sentence is awarded, in default of payment of fine, the Court can award sentence of Imprisonment for the period as prescribed by law, ...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
....ot maintainable under section 83 of the Code of Civil Procedure and is also barred under section 42 of the Specific Relief Act. Mere declaration without any prayer for consequential relief on payment of ad valorem court fee cannot be entertained. The suit was dismissed by the Addi......, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ..Category: Property Law | Date: | Hits: 38
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
.... Research Institute: The Respondent No.2, Water Development Board, decided to transfer all amounts deposited by the petitioner and other ex-employees of respondent No.2 to respondent No.1 for payment of pension to the erstwhile employees of respondent No.2, now working under respondent No.1......present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..Category: Employment/Service Law | Date: | Hits: 92
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....t binding upon the Civil Court; that the High Court Division has misdirected himself in giving much emphasis upon the solenama filed by the defendants in Other Suit No.44 of 1966; that for non-payment of rents the title of the plaintiffs have been extinguish which is absolutely an erron......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ..Category: Property Law | Date: | Hits: 28
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
..... The plaintiff offered tender which was accepted and the plaintiff completed the work as per schedule under the terms and conditions of the agreement and thereafter the plaintiff submitted bills for payment which were not accepted by the defendant appellant and when they refused the suit for real......the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ..Category: Civil Law | Date: | Hits: 88
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