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Albert David (Bangladesh) Ltd Vs. M/S Brestern Shipping Company Ltd. & others, 1982, 11 CLC (HCD)

.... 97,075/- only. The plaintiffs claim for interest at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 3.   ......l 29, 1982. Result: The suit against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No.3. Case Referred to- Seafarers Inc. Vs. Province of East Pakistan; 20 DLR SC 225. Lawyers Involved: Dr. M Zahir & M Hasan, Advocates— For..

Category: Admiralty Law or Maritime Law | Date: 29 Apr, 1982 | Hits: 7

Albert David (Bangladesh) Ltd. Vs. M/S Brostern Shipping Company Ltd. & Others, 1982, 11 CLC (HCD)

.... at the rate of Tk. 20% is rejected as it has not been substantiated. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 362, 3 BLD (HCD) (1983) 3.       ...... Result: The Petition against defendant Nos.1 and 2 is dismissed, but it is decreed with costs against defendant No. 3. Cases Referred To-   Seafarers Inc. Vs. Province of East Pakistan 20 D.L.R. S.C. 225 Lawyers Involved: Dr. M. Zahir & M. Hasan, Ad..

Category: Admiralty Law or Maritime Law, Corporate Law | Date: 29 Apr, 1982 | Hits: 7

Salehuddin Khan Vs. Bangladesh and others, 1982, 11 CLC (HCD)

....ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ......ut in the facts and circumstances of the case, there will be no order as to costs. A.T.M. Afzal—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)120   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1982 | Hits: 2

Neerala Tea Estate & another Vs. Bangladesh Tea Board & ors, 1982, 11 CLC (HCD)

....the case, we direct that the contesting respondent No.2 do pay cost to the petitioners which we assess at Tk. 2000/00. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 7.   ......shy;ercise of their right in the property or such other or further order or orders passed as to this Court may seem fit and proper. 11. It transpires, from the petition, interalia, that the then Pakistan Tea Board invited private parties to take lease of lands listed and notified in the notice ..

Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2

Neerala Tea Estate Ltd. And Another Vs. Bangladesh Tea Board and Others, 1982, 11 CLC (HCD)

....cur with the judgment and orders passed by my learned brother and make the rule absolute with costs. A.T M. Afzal J. -The Rule under Article 102 of the Constitution of the People's Republic of Bangladesh is at the instance of Neerala Tea Estate Limited, a private Limited Company, ......the exercise of their right in the property or such other or further order or orders passed as to this court may seem fit and proper. 9. It transpires from the petition, interalia, that the then Pakistan Tea Board invited private parties to take lease of lands listed and notified in the notice ..

Category: Property Law | Date: 13 Jan, 1982 | Hits: 2

Zainal Abedin & Another Vs. Government of Bangladesh & Others, 1981, 10 CLC (HCD)

....133 of the Constitution of Bangladesh says that subject to the provision of the constitution the Parliament may regulate the appointment and conditions of service of person in the service of the Republic provided that it shall be competent for the President to make rules regulating the appointm......oration of Toronto and Attorney General of Ontario, (1896) A.C. 88 & 348; Dr. Nurul Islam Vs. Bangladesh. 1981 BLD (AD) 140; State of Mysore Vs. Padmanabhacharya, AIR 1966 SC 302; Shahabuddin Vs. Pakistan, PLR 1957 Kar 854; Ramkrisna Dalmia Vs. Justice Tendolkor, AIR 1958 SC 538; Accountant Gene..

Category: Administrative Law | Date: 14 Dec, 1981 | Hits: 1

Dr. Abu Ahmed Chowdhury Vs. Bangladesh represen¬ted by the Secretary of the Ministry of Health and Population Control and others, 1981, 10 CLC (HCD)

....dent. Writ Petition No. 428 of 1981 Judgment Abdul Wadud Chowdhury J. — This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the Notification No. Per-1/5A-73/80-1151 dated 5th Ju......hority. In the facts and circumstances of the case there will be no order as to costs. Ed. Sultan Hossain Khan J.—I agree. This Case is also Reported in: 34 DLR (HCD) (1982) 21 ..

Category: Administrative Law, Employment/Service Law | Date: 2 Dec, 1981 | Hits: 1

Saad Ahmed Vs. The State, 1981, 10 CLC (HCD)

..... Accused appellant Saad Ahmed was convicted by the said Special Tribunal under section 121 of the Penal Code read with Ar­ticle 11(a) of P.O. No.8 of 1972 for waging war against the People's Republic of Bang­ladesh during the war of liberation and at­tempting to commit such offence ...... with Part IV (b) of the Schedule to P.O. No.8 of 1972 for being associated with the Kushtia District Peace Committee as chairman with a view to furthering the illegal occupation of Bangladesh by the Pakistan Occupation Army and was sen­tenced to suffer rigorous imprisonment for 5 years and to p..

Category: Criminal Law | Date: 3 Nov, 1981 | Hits: 1

Jamil Huq (Ex-Captain) Vs. Bangladesh & Others, 1981, 10 CLC (AD)

.... 4. Apart from the aforesaid provision, the Constitution in Article 7. provides amongst others that the Constitution is the solemn expression of the will of the people, the supreme Law of the Republic, and if any-other Law is inconsistent with this Constitution, that other Law shall, to the ......#39;s Forces. This is true regarding any proceeding under the Army Act. 17. In Md. Nawaz Vs. Crown (7 DLR (FC) 253) Mohammad Nawaz along with another brought a matter before the Federal Court of Pakistan for grant of Special Leave to Appeal. He was tried under Section 41 of the Army A..

Category: Constitutional Law, Criminal Law | Date: 22 Sep, 1981 | Hits: 2

Md. Ismail & others Vs. Govt. of Bangladesh and others, 1981, 10 CLC (HCD)

....ry Ministry of Land Re-forms and Land Administration, Govt. of Bangladesh and others...........Respondents and Md. Rafiq Mia & others...........................Petitioners Vs. Republic of Bangladesh & others..............Respondents and Panthoshala Co-opera­...... Bangladesh, through the Secretary & others...............Respondents Judgment August 19, 1981. Result: The Appeal is allowed Cases Referred To- Province of East Pakistan Vs. Abdus Sobhan Sowdagar, 16 DLR(SC)38; Moosa Haji Vs. Province of East Pakistan 12 D..

Category: Property Law | Date: 19 Aug, 1981 | Hits: 2

Zamiruddin Ahmed, Advocate, Supreme Court of Bangladesh Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....urt of Bangladesh, 40, Dhanmondi Residential Area, Road No. 4 A, Dacca-9………………………Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretari......for declaring that act of a person is unlawful or for declaring the title of a person to an office has been overruled. Cases Referred to- Dacca, National Medical Institute Vs. Prov. of East Pakistan (1958) 10 DLR 343 and District Magistrate, Lahore Vs. Syed Raja Kasim (1961) 13 DLR (SC) 66..

Category: Constitutional Law, Procedural Law | Date: 23 Jul, 1981 | Hits: 1

Bengal Water Ways Ltd & Another

....rds I concur with the judgment delivered by my learned brother Masud J. and dismiss the appeal with costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 435     ......company was neither audited nor submitted to the Board of Directors, that all assets and properties of the company were mortgaged to respondent No. 2, Bangladesh Shilpa Rin sangstha, successor of the Pakistan Industrial Credit and Investment Corporation (PICIC). The creditor Shilpa Rin Sangstha file..

Category: Corporate Law | Date: 8 Jul, 1981 | Hits: 0

Nazera Begum Vs. Motahar Ali Miah being dead, his heirs, Faruk Mia & others, 1981, 10 CLC (HDC)

....ourts below are hereby affirmed. As no one appears on behalf of the respondent, there will be no order as to costs. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 49   ......st Aswin 1370 B.S. to 30th Kartick 1374 B.S. ……………………(8) Cases Referred to- Shamsuddin Ahmed, Advocate Vs. Registrar, High Court East Pakistan, 19 D.L.R. (SC) 483; A. G. Maline Vs. the State, 19 D.L.R. 381; Safiruddin Kazi alias Safir..

Category: Contract Law | Date: 30 Jun, 1981 | Hits: 2

Kanak Chandra Das & Others Vs. Basiruddin Khan & Another, 1981, 9 CLC (AD)

....irected that the second appeal be disposed of by the High Court Division on merits. The respondent shall pay costs of this appeal. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 421 ......t into liquidation in July 1957 in which connection a winding up proceeding being Matter No.7 of 1957 started. It was further contended that the Liquidator of the Bank, namely, the then State Bank of Pakistan, reconveyed the suit land to the sons of Prohllad by executing a registered sale-deed dated..

Category: Banking Law, Corporate Law | Date: 25 Jun, 1981 | Hits: 0

Southern Fisheries Ranong Corporation and others Vs. Kingfisheries Industries Ltd. and others, 1981, 10 CLC (HCD)

.... that Division. The appeal thereafter was taken up for hearing by this Division. On the prayer of the plaintiff the court allowed the Bangladesh Fisheries Development Corporation and the People's Republic of Bangladesh through the Collector of Customs to be added as respondent Nos. 6 and 7 respe......er. Communicate the order to the Court concerned expeditiously. Abdul Matin Khan Chowdhury J.—I agree Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 23   ..

Category: Fiscal/Taxation Law, Procedural Law | Date: 17 Jun, 1981 | Hits: 2

Sasanka Sekhar Bose @ Mona Bose Vs. Government of Bangladesh, 1981, 10 CLC (HCD)

....expeditiously as practicable. Send down the records at once. Ed. Abdul Matin Khan Chowdhury J. — I agree.   This Case is also Reported in: 34 DLR (HCD) (1982) 32 ...... Law Regulation No. 2 (c) that the Summary Military Courts established under the Martial Law Regulations exercised the same powers and followed the same procedure as a Summary Court Marshal under the Pakistan Army Act, 1952 and the provisions of that Act and the Rules made thereunder applied to all ..

Category: Procedural Law | Date: 5 May, 1981 | Hits: 2

Registrar, University of Dacca Vs. Dr. Sajjad Hossain And University of Dacca, 1981, 10 CLC (AD)

....ed material assistance in any way whatsoever to the occupation army by any act, whether by word signs or conduct; (iii) waged war or abetted in waging war against the People's Republic of Bangladesh, (iv) actively resisted or sabotaged the efforts of the people...... of duty of a government servant falls outside the purview of Art. 5(b)— Art. 5(b) is in three parts, the first part deals with collaboration, the second part deals with the of ideology of Pakistan and the third part deals with the support of the elements inimical to the liberation strugg..

Category: Administrative Law | Date: 30 Apr, 1981 | Hits: 67

Dacca Municipal Corporation Vs. Sonali Bank and Ors., 1981, 10 CLC (AD)

.... Act was promulgated and by item 42 of List II the Pro­vincial Government was authorised to legis­late on lands and buildings, windows and hearths. Thereafter the 1956 Constitution of Islamic Republic of Pakistan was promul­gated. Item 75 of the Provincial List mentioned tax on lands and......mulgated and by item 42 of List II the Pro­vincial Government was authorised to legis­late on lands and buildings, windows and hearths. Thereafter the 1956 Constitution of Islamic Republic of Pakistan was promul­gated. Item 75 of the Provincial List mentioned tax on lands and buildings. ..

Category: Administrative Law, Fiscal/Taxation Law | Date: 10 Mar, 1981 | Hits: 111

Chairman, National Board of Revenue & Others Vs. Md. Jahurul Hoque, 1981, 10 CLC (AD)

....ent and order of the High Court Division dated 8th August, 1979 in Writ Petition No. 256 of 1978. 2. The respondent filed an application under Article 102 of the Constitution of the People's Republic of Bangladesh alleging inter alia that he was appointed as a Custom Inspector on 17.8.77 an......without any order as to costs. The order   of the High Court Division is set aside and the writ is recalled. Ed. This Case is also Reported in: 1 BLD (AD) (1981)139.   ..

Category: Administrative Law, Employment/Service Law | Date: 26 Jan, 1981 | Hits: 1

Assessing Officer, Narayanganj Range, & Others Vs. Burmah Eastern Limited, 1981, 9 CLC (AD)

....eld that the Writ Petition was maintainable. For the aforesaid reasons this appeal is dismissed but without cost. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 450   ......ondent is a company incorporated in Bangladesh, under the Companies Act, 1913, and in May, 1965 it took over the business and market assets of the Burmah Shell Oil Storage and Distributing Company of Pakistan Limited in the then East Pakistan, hereinafter referred to as "Barmah Shell". Pri..

Category: Fiscal/Taxation Law | Date: 22 Jan, 1981 | Hits: 0