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Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....ing co‑sharer in the suit premises cannot be evicted: that plaintiffs demanded enhanced rent from the defendants and the defendants refused to pay the same and thereafter deposited rent in the Rent Controller Case No. 18 of 1980 in the name of plaintiffs and others. 4. After filing of the writt......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....aintiffs suit was maintainable when the lessor's case was not one of default nor one of bonafide requirement and the tenant was holding over as a statutory tenant, paying regular rent before the Rent Controller. Leave was also granted to consider as to whether the learned Single Judge of the High Co......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Khondaker Mahtabuddin Ahmed, MD Vs. Matin Tea and Trading Company , 1994, 23 CLC (AD)
....t the court at Moulvibazar was competent to entertain the suit. The petition has thus no merit and is accordingly dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 92 ...... jurisdiction to entertain the suit……………………..(8) Cases Referred to- James Finlay & Co. Ltd. Vs. Supersign Industries BCR (1981) HCD 364; Rahmania Trading Co. Vs. Eagle Star Insurance Co. Ltd. PLD 1960 (SC) (Pak) 202 & Bhola Nath Vs. Empire of India Life Assr. Co. AIR 1..Category: Procedural Law | Date: | Hits: 91
Mafizuddin and others Vs. Alauddin and another, 1994, 23 CLC (HCD)
....er made by the Sessions Judge under section 439A of the Code. The application is, accordingly summarily rejected for lack of jurisdiction. Mohammad Golam Rabbani J I agree ......ry in the(same) statute itself. (Valdeo Singh Vs. State, AIR 1951 Madha Bharat 149), Vithaeji Madharji Vs. IT Commissioner ' AIR 1948 (Mad), 353, Bhana Mekan Vs. Emperor, AIR 1936 (Bom) 256; Union Insurance Society Vs. Md. Karam Elahi Khan, AIR 1934 Peswar 37; Ramnath vs King, Emperor, AIR 1925 ..Category: Criminal Law | Date: | Hits: 76
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
....quiry and Court of Enquiry and his service was terminated for his failure to take adequate precautionary measures during the cyclone. He has also filed a copy of the letter dated July 28, 1993 of the Controller General of Defence Finance, Ministry of Defence intimating him that payment of Special Ad...... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43...Category: Employment/Service Law | Date: | Hits: 107
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... amended the plaint and petitioner No. 1 was made party and order was passed directing to issue summons upon the said petitioner and others and accordingly, summonses were received by the District Controller of Food. The Manager, Central Storage Department by its memo dated 16-3-1997 informed th......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....ere. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Controller of Examinations, University of Dhaka and others………………Appellants (In both th......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
....thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ......res Ltd. Vs. Miles Far East Corporation 1955 (2) QBD 327; Champaklal Vs. Nectar Tea Co. AIR 1933 Bom, 179, Arthur Butler and Co. Vs. District Board, Gaya AIR 1947 Patna; AIR 1931 Cal. 659; Peoples Insurance Co. Vs. Benoy Bhusan AIR 1943 Cal. 199 (202); Read Vs. Brown 22 QBD 128 (132); Cook..Category: Business or Commercial Law | Date: | Hits: 124
Sec, Min of Food, Food Div., Govt. of Bangladesh, Dhaka & others Vs. M/s. MF Ltd, 1992, 21 CLC (AD)
.... Rules, "means a tax on the import of goods or animals for consumption, use or sale within a municipality", The lessee levied Octroi on these goods at Tk. 13, 84, 740.89 and requested the Controller of Movement and Stores, Ministry of Food (appellant No. 4) to pay this amount. The Cont......w that the lessee knew that the properties were liable to the octroi. 11. In the result, we find no substance in this appeal which is therefore dismissed. No order as to cost. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Government of Bangladesh Vs. Anis and Co. and others, 1991, 20 CLC (AD)
....greed upon adding certain conditions allegedly at the influence of the Bangladesh Shipping Corporation vide its letter dated 22.11,90 (Annexure D). 6. The respondent further alleged that the Chief Controller of Import and Export (CCI & E) was creating various obstacles at the instance of the ......ents of cement imported against LC No. G/1502/2518/90 and these bills of entry were submitted along with other necessary documents like invoice, letter of credit, letter of credit authorisation (LCA) Insurance, Indent and copy of the bills of lading duly certified by the LC opening Bank viz ANZ Grin..Category: Business or Commercial Law | Date: | Hits: 130
Khondkar Mohiuddin Vs. Syed Moin Ahmed, 1976, 5 CLC (AD)
....e dismissed when it was disclosed in the said suit that the alleged deed of agreement was a forged document. The plaintiff thereafter filed the House Rent Case No. 273 of 1961 before the House Rent Controller for permission to sue the defendant for ejectment in the Civil Court on the ground of d......dgment and decree of the High Court are set aside and the judgment and decree of the Court of Additional District Judge are restored. Ed. This Case is also Reported In: 28 DLR (AD) (1976) 85. ..Category: Tenancy Law | Date: | Hits: 68
Abdul Quader Chowdhury and others Vs. The State, 1976, 5 CLC (AD)
....he appellants 1 and 2 of appeal No. 28 are partners of a Firm known as Abdul Quader Chowdhury and Sons and appellant No. 3 is the Manager of the firm which is a stockist or handling agent of the Coal Controller at Patenga. Appellant Sarwaruddin of Appeal No. 29 is an Inspector in the office of Coal ......section 561A. These appeals are accordingly dismissed. The records be sent down immediately for expeditious disposal of the case. Ed. This Case is also Reported in: 28 DLR (1976) (AD) 38. ..Category: Anti-Corruption Laws | Date: | Hits: 225
The Commissioner of Income Tax, Dacca Zone Vs. M/s. Gulistan Cinema Co., 1976, 5 CLC (AD)
....urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ......urally. from them, it is neither arbitrary nor capricious. There is hardly any to disturb this finding of the High Court. The appeal is dismissed but without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Kumar Ram Narain Roy Chowdhury & anr. Vs. Sonatannessa Bibi & ors., 1977, 6 CLC (AD)
....e, is that the appeal is allowed, and the order of the Subordinate Judge dated 31-5-75 is set aside. There shall not however be any order as to costs in this appeal. Ed. ......It appears that this application was considered by a different Subordinate Judge, who, being of the view, relying upon the decision of the Supreme Court of Pakistan in the case of the Hanover Fire Insurance Company vs. Mis. Muralidhar Benechand, reported in (1955) 10 D.L.R. (S.C.) 136: P. L. D. ..Category: Civil Law | Date: | Hits: 108
Bangladesh Small Industries Corporation, Dacca Vs. Mahbub Hossain Chowdhury, 1976, 5 CLC (AD)
....and, therefore, the employees of a public undertaking are not regarded as civil servants and the protection of article 311 of the Constitution does not extend to them. (Vide Mafatlal Vs. Divisional Controller State Transport Corporation in A I.R. 1966 S.C. 1964). It has also been held that section...... AIR 1970 SC, 1244; Indian Airlines Corporation Vs. Sukhdeo, AIR 1971 SC 1828; Dr. S. Datt vs. University of Delhi, AIR 1958 SC 1050, S. R. Tewari vs. District Board, Agra, AIR, 1964 S. C, 1680, Life Insurance Corporation of India vs. Sunil Kumar Mukherjee, AIR 1964 SC 849; Rathaur vs. Divisional ..Category: Employment/Service Law | Date: | Hits: 170
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....had some ulterior motive to grab the property by creating any confusion as to the title of the appellant was not true and that he was not a habitual defaulter as the deposit of rent with House Rent Controller was a legal and valid discharge of liability. It was further contended that the appellant......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)
....gistration of the trade mark “ghori” (watch) being No. 22202 and 31329 in Class 3 from the office of the Trade Mark Registrar, Dhaka on 28-8-1992. This mark was also registered with the Controller of Patent and Design and Copyright. Plaintiff also filed an application in the suit unde......erlocutory matter. With this observation this petition is disposed of. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 104. ..Category: Intellectual Property Law | Date: | Hits: 224
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ...........Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, page 49; Halsbury's L..Category: Business or Commercial Law | Date: | Hits: 114
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....d and can be enforced. Mr. Ahmed referred to some decisions to support the aforesaid propositions which are respectively, Mofizur Rahman vs. Government of Bangladesh 34 DLR (AD) 321. Amir Khan vs. Controller of Estate Duty, 13 DLR (SC) 105; Maksud Ali vs. Eskandar Ali, 28 DLR (AD) 99. 25......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Collector of Customs, Chittagong and Others Vs. Ahmed Hossain and 39 Others, 1996, 25 CLC (AD)
.... it is necessary to notice the facts of the case of A Hannan briefly. There was a scarcity of sugar in the country in 1984. Sugar could not be imported then without prior permission from the Chief Controller of imports and Exports. Government by a public notice dated 3-10-1984 allowed import of ...... above, we do not find it necessary to grant leave. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 253, 48 DLR (AD) (1996) 199 ..Category: Business or Commercial Law | Date: | Hits: 126