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Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)

....on on appeal held that the instant suit was not a suit for foreclo­sure or redemption of mortgage. It was not a case of award of interest on mortgage money. Hence it was not compulsory to award payment of interest on the decretal amount. The award of interest on the decretal amount pendente l...... appeal is allowed without any order as to costs. The trial Court is directed to draw up a fresh decree in terms of this judgment. Ed. This Case is also Reported in: II ADC (2005) 286. ..

Category: Property Law | Date: | Hits: 28

Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)

....ere are provisions in the said Act itself mitigating the rigour of the said provision. It is only when a provision for appeal in a statute is attended with an inviolable and non-relxable condition of payment of fine or extra duty in full that it can be said that the petitioner has no equally efficac......er be sent back on remand to the High Court Division for disposal on merit. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 254; 4 MLR (AD) 1999, 19. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Md. Shahjahan Mia Vs. Md. Abdul Hye, 2000, 29 CLC (AD)

....it shops bonafide and also service of notice under section 106 of Transfer of property Act. 4. The learned S.S.C. Judge, on contest, decreed the suit on consideration of Ext. G-9, Challan, showing payment of rent by the respondent on the findings that the respondent defaulted in payment of rent a......e and restore that of the learned S.S.C. Judge decreeing the suit. In the result, the appeal is allowed with­out any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 134. ..

Category: Tenancy Law | Date: | Hits: 172

Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)

....t Umed Ali and Yousuf are recorded purchasers of C.S. Plot No. 1266,1345 and 1362 of mouza Faidabad as in the C.S. Parcha No. 182 but heirs of the C.S. recorded tenants and others have received payment of advance compensation money in suppression of the facts that these plots were already pu...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..

Category: Property Law | Date: | Hits: 28

Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)

....rm of insurance policy. The suit was also barred under Article 8 of the insurance policy. The public power supply failed on 29.11.88 due to cyclone and as such the defendant was not responsible for payment under DOS policy. The plaintiff willfully kept the standby generator out of operation on d......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured."  ..

Category: Civil Law | Date: | Hits: 135

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....ment dated 20.3.67 between the Government and Abul Hashem Khan reads as follows: "In the event of the tenant committing breach of any of covenant of this indenture other than payment of rent, taxes, etc. and there being no specific provisions in respect of it in this coven......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..

Category: Property Law | Date: | Hits: 30

Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)

....he High Court Division acted illegally in reversing the judg­ment and decree of the court of appeal below without considering the recitals in the deed and the failure of the plaintiff to prove payment of consideration money was not considered by the High Court Division and the further submis......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ..

Category: Property Law | Date: | Hits: 33

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....of the plaint on 8.6.1988 out of which the present appeal has arisen. In the said application the plaintiff, inter alia, alleged that inasmuch as he had already claimed recovery of possession upon payment of ad valorem court fee on the value of his claimed share in the suit plot, the decree woul......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..

Category: Property Law | Date: | Hits: 56

Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)

....he said person. It was also submitted that in view of the judgment of the criminal court which was passed upon evidence collecting in presence of the accused the order of the Labour Court directing payment of full wages cannot be justi­fied. 9. It is seen from the materials on record ......is directed to pay the respon­dent No.2 his back wages and the pension ben­efits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..

Category: Labour and Industrial Law | Date: | Hits: 79

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....d and so the affidavit-in-opposition was not filed and the Bank did not follow the case any longer. On receipt of a notice from Mr. Kabir, learned Advocate of the writ petitions on 01-08-96 for payment of all arrear rents etc. the Bank upon enquiry came to know all about the matter. ......urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ..

Category: Property Law | Date: | Hits: 35

Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)

....nbsp;              The petition is dismissed with cost of Tk. 5,000/-. Ed. This Case is also Reported in: ......er. For the balance amount the accused-petitioners issued a Cheque bearing No.1958151 for an amount of Tk. 3,04,00,000/- of South East Bank Ltd., Dhanmondi Branch, Dhaka. The complainant placed the cheque for encashment on 20.2.2006 but the cheque was returned with endorsement "fund insuffi..

Category: Criminal Law | Date: | Hits: 47

Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)

....s. tariff value was changed from Tk. 200 to Tk. 300/- and then from Tk. 300 to Tk. 315/-. The importer got the goods release and thereupon made a representation to the authority for exemption from payment of additional duties and taxes leviable on the basis of the enhanced tariff value introduce...... background of the discussions made hereinabove we find merit in the appeal. Accordingly, the same is allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Fiscal/Taxation Law | Date: | Hits: 74

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....r the said safkabala deeds and would also handover pos­session of the said excluded property, the plaintiff after receiving the letter of the defendant No.1 had deposited Tk.1,80,00,000/- by a payment order on 18.11.1992 in respect of "Gha" schedule property and also requested defe......but the defen­dant No.1 instead of handing over posses­sion of the said property most illegally had cancelled the letter of intent by a letter dated 02.03.1993 along with this letter sent a cheque of Tk.2,40,20,050/- to the plaintiff and thereafter the plaintiff sent a legal notice on 23...

Category: Property Law | Date: | Hits: 42

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....5 of 1999 for Specific Performance of Contract alleging that Mir Ahmed executed a Bainapatra on 19.9.1981 in favour of the plaintiff-petitioner to sell the suit land at Tk. 60,000.00 acknowledging payment of Tk. 40,000.00 only paid by the plaintiff-petitioner out of the said consideration money ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ..

Category: Property Law | Date: | Hits: 36

Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and oth­ers, 1999, 28 CLC (AD)

.... be allowed and if it is allowed respondent No. 4 will be highly prejudiced. It was stated that Title Suit No. 9 of 1983 was restored in Miscellaneous Case No.104 of 1987 by order dated 22-1-94 on payment of a cost of TK. 10,000/0 and the said suit is pending. By creating a false power of attorn......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed with­out any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ..

Category: Property Law | Date: | Hits: 35

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....respect of which a succession certifi­cate was asked for, but the certificate has per­haps been though necessary in order to enable the appellants to get back the pledged orna­ments on payment of the dues in the Bank. In this view of the matter, the appeal was dis­missed. ......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....r suit land for 10 years at a time from 1383-1393 B.S. by one single dakhlia and that is also after the institution of the instant suit and before that they could not file a single dakhlia showing payment of rent for the suit land. 13. It is the contention of the defendants that in 1952-5...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..

Category: Property Law | Date: | Hits: 82

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

..... 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plain­tiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.1 and one Altaf Hossain as sub-ten......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)

....2) Subject to the provisions of this Order Evidence Act, 1872, shall apply for the trial of an election petition. (3) The High Court Division may, at any time, upon such terms and on payment of such fee as it may direct, allow petitions to be amended in such manner a may, in its o......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..

Category: Election Law | Date: | Hits: 312

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....ocu­ment. These witnesses have not said any thing about passing of money as the consideration for the transaction by the questioned document P.W.1 has stated that he has no knowledge about the payment of money in connection with the transaction. The evidence of P.W.1 does not show with certa......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44