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Maqsood Alam Vs. KMJ Akbar, Commodore & others, 1983, 12 CLC (HCD)
....litan Magistrate, Dhaka is quashed. Let the lower court records be sent down immediately. Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 215. ......remises in question is an abandoned property, then there is sufficient scope within the provisions of P.O.No.16 of 1972 and the Rules framed thereunder for taking necessary and appropriate actions in terms of the statute itself. But the complainant chose to prosecute the accused petitioner throwin...... & others……………..Opposite-party Judgment May 23, 1983. Result: The Rule is made absolute. Case Referred to- Chairman, Bangladesh Steel Mills Corporation Vs. Masood Raza and others, 30 DLR (SC) 169, Government of Bangladesh Vs. A.T.J Industries, 28 DLR (AD) 120. Lawy..Category: Criminal Law | Date: 23 May, 1983 | Hits: 27
Banu Gopal Lala Vs. Hajee Abdul Hamid Khan & others, 1983, 12 CLC (HCD)
.... is, therefore, discharged without any order as to cost. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 274. ......ecided in a S.C.C. suit. Indeed section 23 of the S.C.C., Act gives discretion to the S.C.C. Court to return plaint in a suit involving question of title under certain circumstances. This power is in terms discretionary and it has been held in very many cases that the section clearly indicates that ......……………………..Opposite Parties Judgment May 12, 1983. Result: The rule is discharged. Cases Referred to- Abdus Sattar and others, 32 DLR (AD) 170. Lawyers Involved: Nazrul Islam Chowdhury, Advocate— For..Category: Procedural Law, Tenancy Law | Date: 12 May, 1983 | Hits: 3
Mohammad Hossain Khalifa Vs. Kalachand Das & others, 1983, 12 CLC (HCD)
.... In the result, this Rule is discharged. Send down the records at once. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 262. ......ing upon the Deputy Commissioner, Patuakhali and the opposite parties to show cause as to why the order complained of in the petition moved in Court should not be set aside and the Rule was issued in terms of the prayer which shows that the order complained of was the order dated 21-10-81 passed by ...... Present: Anwarul Hoque Chowdhury J Mohammad Hossain Khalifa………………………………Petitioner Vs. Kalachand Das & others…………………………..Category: Criminal Law, Property Law | Date: 9 Mar, 1983 | Hits: 1
Neerala Tea Estate & others Vs. Government of Bangladesh & others, 1983, 12 CLC (HCD)
....n the High Court cannot be said to be a Court of civil jurisdiction that the provisions of the Code of Civil Procedure do not in terms govern the writ proceedings and that the High Court exercises an extraordinary jurisdiction in the matter of writ petitions. In the case of Ibrahimbhai Karimbha......dule II thereof be restored and all other movables and assets taken over from the petitioners be returned to them within 3 (three) months from date. (2) A preliminary lease deed in the same terms as in Annexure A to the petition or on more beneficial terms for the lessee as the lessor may ...... Vs. Government of Bangladesh & others.............Respondents Judgment February 16, 1983. Result: The application is rejected. Cases Referred to- Bangladesh and another Vs. Md. Salimullah, 35 DLR 1983 (AD) 1, B.C.R. 1982 (AD) 373, M/s. Bharat Board Mills Lt..Category: Civil Law | Date: 16 Feb, 1983 | Hits: 88
The State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....gment be forwarded to the learned Magistrate where he is posted now. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 288. ......rnment under P.O. No.26 of 1972 on 26-3-72 and after nationalisation the Sonali Bank and its branch offices have fallen under the category of "offices under the Government" and therefore in terms of section 1(6) (i) of the said Act the Sonali Bank is exempted from the purview of the said A......lip;…Accused-Respondent requires Judgment February 13, 1983. Result: The Appeal is dismissed. Whether the Nationalized Sonali Bank comes under the purview of the Shops and Establishments Act 1965 (Act No.VII of 1965) The words "commercial establishment"..Category: Business or Commercial Law | Date: 13 Feb, 1983 | Hits: 1
.... reviewed. Let a notice be issued upon the parties to show cause within two weeks as to why our judgment should not be reviewed.
Ed.
This Case is also reported in: 35 DLR (AD) (1983) 203.
......urnish information as required by court is an offence under the Wakf Act, yet it is not offence under the Penal Code and consequently the High Court is not prohibited from dealing with it by the terms of section 2(3) of the Contempt of Courts Act. In this case we made a workable arrangement but......te Division
(Criminal)
Present:
FKMA Munim CJ
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Syed Md. Mohsen Ali J
Mahbubur Rahman Sikder and others................................Petitioners
Vs.
Mujibur Rahman Sikder alias M. R..
Category: Contempt of Court Law, Criminal Law | Date: 1 Feb, 1983 | Hits: 132
Khitindra Chandra Bhattacharya and another Vs. Jalada Devi, 1983, 12 CLC (AD)
....urt Division is set aside and the heirs of Digindra be substituted in the probate proceeding. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 102. ...... 6. Leave was granted to consider whether the courts below were justified in rejecting the petition for substitution. The learned Judges had proceeded on the assumption: “It appears that in terms of the Will the petitioner as second executor was entitled to the property after the death of ......(1983) 102. ..Category: Property Law | Date: 16 Jan, 1983 | Hits: 103
Ramesh Chandra Barman & others Vs. Naresh Chandra Barman & others, 1982, 11 CLC (HCD)
....e-emption case is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 99. ......77. Thus in the present case 4 days before filing of the application for pre-emption the case land was transferred to the original vendor. 7. In 29 D.L.R. at page 229 it has been stated in clear terms that if the reconveyance takes place before the starting of the proceeding for pre-emptio......e is also Reported in: 3 BLD (HCD) (1983) 99. ..Category: Property Law | Date: 24 Nov, 1982 | Hits: 2
....without any order as to costs. Judgments and decrees of the Courts below are set aside and Title Suit No. 76 of 1958 is decreed.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 157.
......hat this document was a unilateral document, as was observed by the High Court Division. Further, the respondents' predecessor, having executed the document in question on accepting the terms and conditions mentioned therein cannot now be allowed to claim that he, being an illiter......wdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
New Dhamai Tea Estate Limited………… Appellant
Vs.
Arjun Kurmi, being dead his heirs: Chenia Kurmi and ors………… Respondents
Judgment
August 6,1982.
Result:
..
Category: Property Law | Date: 6 Aug, 1982 | Hits: 3
Dilip Kumar Chakravorty Vs. Abdul Muyeed Chowdhury and others, 1982, 11 CLC (HCD)
....ssed by the learned Subordinate Judge is restored. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 49. ......AIR 1962 Cal 519, AIR 1914 Cal. 815 in support of his contention. Sub-rule (3) of rule 2 of order 39 C.P. Code is to the following term. "(3) In case of disobedience or breach of any of the terms, the Court granting the injunction may order the property of the person guilty of such disobed......n Khan J Dilip Kumar Chakravorty……………………………………..Petitioner Vs. Abdul Muyeed Chowdhury and others……………Respondents Judgment January 27, 19..Category: Civil Law, Procedural Law | Date: 27 Jun, 1982 | Hits: 1
....dinate Judge, 3rd Court, Dacca are hereby affirmed for the reasons stated above.
Ed.
This Case is also Reported in: 3 BLD (HCD) (1983) 282.
......e awards were filed in Court. The lessees filed objection under sections 30 and 33 of the Arbitration Act, 1910.
6. The objectors case is that there was no dispute or difference about any of the terms of the lease and as such there was no cause for reference to the arbitrator; that the period o......p;……………………Respondent
Judgment
June 15, 1982.
Result:
These Appeals are dismissed.
Cases Referred to-
Mahomed Musa and others Vs. Aghore Kumar Ganguli and other, AIR 1914 Privy Council page 27; N. Qamar Jahan Begum ..
Category: Arbitration Law, Corporate Law, Property Law | Date: 15 Jun, 1982 | Hits: 2
M/s Saleh Steel Industries Ltd. Vs. TSS PACIFIC ABETO and others, 1982, 11 CLC (AD)
....n Admiralty Court reference was made to rule 3 of Order 49, C.P.C., which is as follows: “3. The following rules shall not apply to [High Court Division] in the exercise of its ordinary or extraordinary original civil jurisdiction, namely: (1) rule 10 and rule 11, clauses (a) and (c)......4 on 21.8.1981, the plaintiff appellant intimated that in respect of the arrangement to take delivery of the ship, it could not be taken over as it was not in a deliverable condition according to the terms of the agreement and the letter of credit. As a result, the plaintiff’s contract of......r Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J M/s Saleh Steel Industries Ltd………………… Appellant Vs. TSS PACIFIC ABETO and others…………… Respondents Judgment June 9, 1982. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1982 | Hits: 400
Abdul Quddus & Another Vs. The State, 1982, 11 CLC (HCD)
....accused appellants under section 366 of the Penal Code is also upheld. Let the lower Court records be sent down. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 18. ......e her (P.W.2) some landed property and a share in the taxi. He agreed to give 11/2 bigha of land and half share of the taxi but the relations of P.W.2 refused to come to an agreement with him on such terms at the Registration office. Thereafter the informant party falsely manufactured the case again......ellip;……………………State Judgment May 6, 1982. Result: The Appeal is dismissed. Cases Referred to- Abdul Khaleque and others Vs. The State, 12 DLR (SC) 165; Eaar Ali and others Vs. The State, 11 DLR 249; Rashid Ah&..Category: Criminal Law, Evidence Law | Date: 6 May, 1982 | Hits: 1
Narendralal Chowdhury & others Vs. Bimal Kanti Chowdhury & others, 1982, 11 CLC (HCD)
.... regard to the facts and circumstances of the case we direct the parties to bear their own costs of this appeal. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 40. ......n. Girish Chandra Aich had three sons, Mohendra, Nabin and Nikunja. Mohendra was taken in adoption by Ram Kumar who died leaving Mohendra. Girish Chandra Aich bequeathed his entire properties in terms of the Will dated 12-1-1911. In terms of the said Will Mohendra, Nabin and Nikunja would get s......ip;…..Respondents Judgment May 4, 1982. Result: The appeal succeeds in part. Cases Referred to- Seth Jaasumal Vs. The Central Govt. Rehabilitation Department and others, 13 DLR (SC) 111; Ram Ran Vijay Prasad Singh Vs. Province of Bhar, AIR 1942 Patna 435; Th..Category: Civil Law, Property Law | Date: 4 May, 1982 | Hits: 1
....ordered that the suit be decreed for a sum of Tk. 10, 27,502/- only against defendant Nos. 1 and 2 and 3 with costs.
Ed.
This Case is also Reported in: 34 DLR (HCD) (1982) 356
......he value of the cargo from the carrier and the insurer, but as it has failed to substantiate its claim for 20% interest per annum on the value of the goods non-delivered I reject that claim. In above terms issue Nos. 6 and 7 are decided in favor of the plaintiff.
It is ordered that the suit be ......llip;…………. Appellants
Vs.
Messrs. Nedlloyd Lunen B.V., Rotterdam owners of Nedlloyd Lines Bremen, represented by Agents M/s. M.M. Ispahani Limited, Ispahani Building and two others………....Respondent
Judgment
April 12, 1982
Re..
Category: Admiralty Law or Maritime Law, Corporate Law | Date: 12 Apr, 1982 | Hits: 5
Md. Asghar Vs. Nowab Miah and others, 1892, 11 CLC (HCD)
....ds expeditiously. The connected Rule for stay of further proceeding is discharged without any order as to costs. Ed. This Case is also Reported in: 3 BLD (HCD) (1983) 37. ...... not see any justification in prolonging the litigation over a point which might be conveniently adjudicated upon in the suit itself No conclusive determination of the question raised, is possible in terms of law at this stage. We are therefore, of the view that the learned Subordinate Judge should ...... Md. Asghar…………………………………………………..Appellant Vs. Nowab Miah and others……………………………....Category: Property Law | Date: 2 Mar, 1982 | Hits: 2
Abdul Quader Molla Vs. The Chairman, Bakerganj Zilla Parishad and another, 1982, 11 CLC (HCD)
....all and are therefore discharged without any order as to costs. Abdul Wadud Chowdhury J.- I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982)157 ......re not Government employees under Rule 5(53) of the Bangladesh Service Rules and their pay were not paid out of the State Treasury. We asked the petitioners to show us the appointment letters and the terms and conditions therein. The petitioners have alleged that their appointment letters issued by ......olla...................Petitioner (In Writ Petition No.447/80) Roi Mohan Rai..........................Petitioner (In Writ Petition No.448/80) Vs. The Chairman, Bakerganj Zilla Parishad and another........Respondents is the Petitions Judgment February 11, 1982. Result: ..Category: Administrative Law | Date: 1 Feb, 1982 | Hits: 1
Ragib Ali Vs. Bangladesh and ors, 1982, 11 CLC (HCD)
....e with costs to be paid as directed above. AT.M. Afzal J.—I agree. Ed. This Case is also Reported in: 34 DLR (HCD) (1982) 185. ......ted the S.D.O. for hearing and for finalisation of the matter which was, however, not done. It appears that the Ministry of Education on receipt of information regarding demonstration was thinking in terms of the cancellation of the sale deed which ultimately, however, did not materialise. It has be......ivision (Special Original Jurisdiction) Present: Abdur Rahman Chowdhery J A.T. M. Afzal J Ragib Ali.......................................Petitioner Vs. Bangladesh and ors……………….........Respondents Judgment Janua..Category: Administrative Law | Date: 26 Jan, 1982 | Hits: 1
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 ......the alternative proviso in Rule II before the impugned order was passed. Delegation of power- Whenever there is a question of delegation of power it must be done in specific and categorical terms--It is not permissible to read such power by necessary implication when rights of others are i......Division (Special Original Jurisdiction) Present: Abdur Rahman Chowdhury J A.T.M. Afzal J Salehuddin Khan..................................Petitioner Vs. Bangladesh and ors............................Respondents Judgment January 26, 1982. Result: ..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. ...... that is was taken over by the government illegally and without any lawful authority whereas the government tried to make out a case in their affidavit-in-opposition that the land was resumed in terms of the less for the failure of the petitioners to fulfill their part of the obligation as a le......lip;…..Respondents Judgment January 13, 1982. Result: The Rule is made absolute. Whether the Government was within its rights to take over possession of the tea garden and other movables of the petitioners- It is petitioners' inalienable right to enjoy the pr..Category: Constitutional Law, Property Law | Date: 13 Jan, 1982 | Hits: 2
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