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Displaying 1881-1900 of 3458 results.
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 decimals which is a part of total area of 0.34 decimals after depositing the consideration money. 3. The opposite party contested the case by filing written objection. When the case came u..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ite party No.2 executed the sale deed in favour of pre‑emptor petitioner on 13.3.77 at a consideration of Taka 10,100.00 and thereafter pre‑emptor opposite party No.1 tendered the consideration money with the compensation money but refused to accept the petitioner’s offer. Thereafter the opp..Category: Property Law | Date: | Hits: 72
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......le the suit was ready for final hearing after several adjournments plaintiff filed an application for amendment of the plaint seeking to convert the Money Suit into a Mortgage Suit and to add further amount of Taka 3,98,492 to the claim already made on the basis of 3 vouchers dated 24.3.83, 30.5.81 ......sold at a nominal price and that in spite of repeated demands by the defendants, plaintiff did not allow them to dispose of the goods on payment and that the plaintiff was not entitled to recover any money and that the defendant by way of counter claim and set off prayed for a decree for a sum of Ta..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......ing on behalf of the respondent No.2. submits that the transaction dated 13.12.49 is nothing but a complete usufructury mortgage as Yunus Mia was the authorised agent of the purchaser and he paid the money to the vendor on his behalf and he himself, executed and registered a deed of agreement on the..
Category: Property Law | Date: | Hits: 91
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....ishing the landlord. It is because of the fact that an interest has been created in favour of the tenant in the tenanted premises by way of allowing him to transfer his possession and or to sub‑let whole or part of the premises to a third party and also his non‑ejectability from the suit premise...... such, the defendant was not a defaulter. Further Court below also found that plaintiff failed to prove his bonafide requirement for the suit premises. 6. In the case reported in 31 DLR (AD) 55 an amount of Taka 19,200.00 was paid by the tenant to the landlord as advance to be adjusted against th......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
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......n Thompson (Pauper), Appellant Vs. Gold and Co. Respondent, AC 409, a case in which a workman claimed compensation from his employer under the Workman's Compensation Act, 1897, without specifying the amount claimed, it was argued before the House of Lords that the claim without specifying the amount...... it to mean that the amount of compensation claimed must be specified. Lord Mersey in his judgment observed, “The fault which the respondents find with the claim is that it does not name the sum of money for which it is made; and it is said that the fault is fatal. My short answer to this contenti..Category: Employment/Service Law | Date: | Hits: 173
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....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. ......tiff-respondent that only 75,000 pieces of gunny bags were so far received by S & M.O., CSD, Halishaher, Chittagong. The plaintiff-respondent No.1 was accordingly called upon to refund the excess amount which was already paid to them. As, according to the contract, the plaintiff- respondent No.1......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
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....xtent. But I would assume that the sub-lease is genuine and that the owner received Tk. 48,000/- only a year and then see whether in this admitted position the owner is liable to be assessed on the whole amount of Tk. 1,80,000/- the two thirds of which she does not receive as her share of the rent......hich was relied upon by the Income Tax Officer. 12. Section 3 of the Income Tax Act provides that the total income of the assessee is liable to be taxed. Section 2(15) of the Act defines ‘total amount’ as the total amount of income, profits and gains computed in the manner laid down in the A...... of any buildings or lands appurtenant thereto of which he is the owner”. And as to the annual value of the property, Mr. Bhuiyan referred to section 9(2) and contended that it is the entire sum of money which is or expected to be fetched as rent by letting the property. What he tries to argue is ..Category: Fiscal/Taxation Law | Date: | Hits: 88
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....the People’s Republic of Bangladesh with immediate effect from Wednesday, 24th March, 1982 as Chief Martial Law Administrator of the People’s Republic of Bangladesh and do hereby declare that the whole of Bangladesh shall be under Martial Law with immediate effect. Along with assumption of power......iginally in the High Court Division such judgments must also be deemed to have abated when appeals pending therefrom before the Appellate Division are held to have abated. To hold otherwise would amount to reversing the existing process. It might be argued that the mere granting of leave to ap......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ..Category: Constitutional Law | Date: | Hits: 181
Ganesh Oil Mills Vs. Commissioner of Income Tax, 1978, 7 CLC (AD)
....question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ...... “no objection to the proposed rectification under section 30(1)”. 3. The Sales Tax Officer accordingly passed a rectified order on 12-9-62 pointing out that sale of Til oil and Linseed oil amounting to Rs. 1,36,107 adopted in the corresponding income-tax assessment had escaped assessm......question correctly. The answer must therefore be in the negative. The appeal is accordingly allowed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 56. ..Category: Fiscal/Taxation Law | Date: | Hits: 77
....ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
...... Penal Code".
7. It is to be observed that Section 304 of the Code which consists of two parts, does not create any offence but provides for the punishment of manslaughter or culpable homicide not amounting to murder. The section makes a distinction in the award of punishment. Under the first par......ed. All the sentences are to run concurrently. The Respondent will now surrender to his bail bond to serve the remainder of his sentences.
Ed.
This Case also referred in: 31 DLR (AD) (1979) 29.
..
Category: Criminal Law | Date: | Hits: 74
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
.... parties in a tenancy agreement the right of landlord being curtailed." 38. The scheme and purpose of a statute is to be gathered from a reading of the enactment as a reading of the enactment as a whole. Purpose and policy of law cannot be defeated by dry literal construction of a provision of la......he lease (on fresh terms, to which, the tenant expressed her willingness to continue as tenant subject to payment of 10% enhanced rent. The parties could not reach to an amicable settlement about the amount of monthly rent. After the expiry of the tenancy tenure, the tenant offered rent of January, ...... tenancy agreement between the parties stipulated payment of rent within the 7th day of the next month. It is found by all the Courts below that the rent for the month of July, 1982, was sent through money order on 12-8-1982, four days after the stipulated period. 11. The question is whether the ..Category: Tenancy Law | Date: | Hits: 210
Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)
....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. ......insured, was made nominee in the policy. On 25-3-1997 Rafiqul Islam died whereupon the respondent No.1 made the insurance claim to the appellant. On inquiry, the claim was found valid. As the insured amount was not being paid by the appellant, the dispute was referred to the Controller of Insurance,......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)
....cluded the application of the section in case of the marine insurance only. “Policy-holder” has been defined in section 2(13D) of the Act, as “policy-holder” includes a person to whom the whole of the interest of the policy-holder in the policy is assigned once and for all, but does not ......-06-95 passed by Subordinate Judge, 2nd Court at Chittagong in Money Suit No.45 of 94 decreeing the suit with cost for Taka 28,03,624.16 together with interest on Taka 22,45,360.00 out of the decreed amount @ 15% from the date of institution of the suit till realisation. 3. On 13-06-94 the suit w......4 together with interest on Taka 22,12,937.00 out of the said amount @ 15% from the date of institution of the suit till realisation. 11. On 11-06-94 the suit was instituted for the above claim of money for loss by fire. The imported raw cotton and cotton yarn of the plaintiff stored within the p..Category: Business or Commercial Law | Date: | Hits: 211
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....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: ......le 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 make any payment. The plai......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)
....he plaintiff had to undergo additional expanses on the said count and since the ship arrived late the price of the Soda Ash Light having plummeted, the plaintiff further suffered business loss on the whole of the consignment. Therefore the compensation has been claimed upon the following four heads:......on on the basis of the market value of 360 MT of Soda Ash Light @ Tk. 12,005/- per MT and also compensation for late delivery for which a development surcharge was imposed upon the Cargo, totaling an amount for Tk. 1,27,61,175.00 against the defendant Nos.1-4 and also for a decree for pendenti lite ......g the actual importer of the goods upon a LIM account with the L/C opening Bank, the beneficial ownership in the consignment remains with the plaintiff the actual importer, subject to payment of loan money to the Bank and the L/C opening Bank remains a sham consignee till the entire loan money is re..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:...... unless the citified copy of the order is issued to him he may not be capable to abide by the order. In the case in hand the defendants by the impugned order is directed to furnish the Bank Guarantee amounting to BD Taka 1.35 lacs in favour of the Registrar of this Court in order to release the arre......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......the plaintiff is an existing tenant in the suit building the plaintiffs tender ought to have been accepted. When the plaintiff came to know that the highest bidder, the defendant No.3, has offered an amount of Taka 1 crore and odd, the plaintiff submitted an application offering to pay the said high......s laid down in the tender form for selling the said property. The plaintiff being one of the tenants of the suit holding submitted tender for purchasing the suit property on 31-1-1985 with an earnest money of Taka 1,75,050.00. Since the submission of the tender the plaintiff was not informed about t..Category: Tenancy Law | Date: | Hits: 135
Paniraj and Company Ltd. Vs. Bangladesh Shilpa Bank and another, 2000, 29 CLC (HCD)
....ake steps for resale of the vessel expeditiously according to law. In the result the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 621. ...... of 1989 before the Subordinate Judge and Artha Rin Adalat No.2 Dhaka for declaration that the claim of the respondent Bank as included in the certificate proceeding was not due to the Bank and total amount recoverable from the certificate debtor as on 30-6-1986 was Taka 11,14,920,90. The said suit ......nd Engineering Works Limited entered into a tripartite agreement amongst them on 12-7-1980 for construction of the vessel and in terms of the agreement the petitioner company would deposit its equity money in the respondent Bank and the respondent Bank would provide the loan facility. It was agreed ..Category: Admiralty Law or Maritime Law | Date: | Hits: 171
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